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(영문) 인천지방법원 2015.10.07 2015고단3680

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for 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 a DNA Track cargo connected with C dumpler.

On April 27, 2015, around 06:50 on April 27, 2015, the Defendant proceeded along the three-lane road in front of the “F” Ma, Yeonsu-gu Incheon Metropolitan City E, along the direction of the potteral potter distance from the 3rd intersection.

It is a section of 50 km/h where signal lights are installed, and since cargo vehicles operated by the defendant are in difficult situation to rapidly drive, the driver of the freight vehicle has a duty of care to observe the restricted speed so that it can safely stop in preparation for road conditions, such as signal changes, and to accurately operate steering devices and brakes to prevent accidents in advance.

Nevertheless, while neglecting this, the Defendant was negligent in driving at a speed that makes it impossible to move along according to road conditions (the speed is presumed to be 62km/h) and caused the front part of the vehicle in transit to a stop signal, thereby getting off the front part of the vehicle in transit and going up to India, thereby getting the victim G (the age of 35) who was waiting a bicycle to cut off the crosswalk at that place.

Ultimately, the Defendant caused the victim's death in the workplace due to the above occupational negligence due to low blood shocks caused by the damage of the engine within the chests and ducts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A survey report on the actual condition and a report on the investigation (the speed of the skin vehicle);

1. Notification of accident-related photographs and the results of analysis of Road Traffic Authority;

1. Application of Acts and subordinate statutes to autopsy records and postmortem examination records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommendations) of the suspended execution shall be the type II of general traffic accidents;