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(영문) 인천지방법원 2016.03.30 2015고단7513

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of collecting DNA waste belonging to C.

On June 24, 2015, the Defendant driven the above vehicle at around 03:47, and driven the above vehicle at an immenous speed in accordance with three lanes in front of the Eanan apartment apartment in the direction of the mountain distance, which is located in the 158-4, Bupyeong-gu, Incheon Metropolitan City.

In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the waste removal source by safely driving the vehicle, such as moving the seat in the vehicle.

Nevertheless, the Defendant neglected this and caused the victim E (64) who is the cause of the removal of waste to take aboard the said vehicle loaded on a rail and to change the course to two lanes in order to avoid the vehicle parked on the front section by negligence, and caused the victim to lose the center of the body and fall down on the floor.

Ultimately, around June 24, 2015, around 19:51, the Defendant caused the death of a victim by occupational negligence from G hospital located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon to cause the death of the victim due to brain paralysis.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, the scene of the accident, and photographs of the vehicle under consideration;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] of the Act on the Punishment of Specific Traffic Accidents [the grounds for sentencing under Article 62(1)] and the fact that there is no basic area (the period from August to January to June) (the person subject to special sentencing] [the decision of sentencing] [the person subject to special sentencing] [the decision of sentencing] - there is no record of imprisonment without prison labor or heavier punishment for favorable circumstances: there is no record of being punished by imprisonment without prison labor or heavier;