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(영문) 인천지방법원 2016.08.10 2016고단2994

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 D dump trucks.

On March 31, 2016, the Defendant driven a dump truck around 04:52, and driven a two-lane road in front of the F Hospital located in Dong-gu Incheon Metropolitan City, Dong-gu along the two-lanes from the surface of the bridge to the surface of the smooth shooting distance.

At night, there are crosswalks installed a signal apparatus at night, and in such a case, there was a duty of care to check in advance whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, and to prevent accidents in advance by operating the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes, and did not accurately operate the steering gear and brakes at the right side of the dump truck, and caused the victim G (the age of 79) who dried the crosswalk from the right side to the right side of the dump truck to go beyond the floor by taking the front side of the right side of the dump truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the small hospital in Jung-gu Incheon, Jung-gu, Incheon at around 07:03, which caused the death of the victim due to the low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a black stuff, and a closure center for a black stuff;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The area of mitigation (4 months to 1 year), the area of mitigation (including special mitigation) [including serious efforts to recover damage] the area of punishment not (including the decision of sentence] - The case where there is no record of punishment of imprisonment without prison labor or heavier, and there is no record of being punished by imprisonment without prison labor or more.