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(영문) 인천지방법원 2014.05.21 2014고단2219

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cargo vehicle as D.

On December 17, 2013, the Defendant driven the above vehicle at around 10:00, and led two lanes to the speed of about 70 km from the border broadcasting station in front of the Incheon Nam-dong 587-46, Nam-gu, Incheon, at the speed of about 50 km.

Since there is a vehicle running on the front side and there is a center line, the driver of the vehicle has a duty of care to secure a sufficient safety distance with the front line and to prevent the accident from occurring on the right side of the center line.

Nevertheless, in order to avoid the collision with the unclaimed vehicles standing ahead of the vehicle while driving the vehicle by neglecting this, the Defendant, while driving the vehicle on the port, her courseed to the port, shocked the front part of the vehicle left behind by the victim E (the 56-year-old driver) driving in the direction opposite to the right side of the vehicle, and thereby, led the victim G (the 46-year-old driver) driving that proceeds from the above damaged vehicle to the left side side of the vehicle, the front part of the damaged vehicle was faced with the front part of the damaged vehicle.

Ultimately, the Defendant caused the victim E to die from the two parts due to the above occupational negligence, and caused the victim G to suffer bodily injury, such as salt, tension, etc., in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Reports on traffic accidents, and notification on the results of analysis of traffic accidents;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on examination and diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts constituting the crime (the death by occupational negligence and bodily injury by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.