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(영문) 서울남부지방법원 2016.09.22 2016고단1082

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of three 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 of a D-port cargo vehicle.

On January 29, 2016, the Defendant driven the above cargo vehicle around 22:40, and got off the road 100 meters prior to the locking direction, fire booming point, as the Gangseo-gu Seoul Olympic Games, at the intersection of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the four lanes of the parallel of the parallel of the parallel of the parallel of the parallel of

At the time, since it is a night and a place is an exclusive motor vehicle, the defendant engaged in driving of the motor vehicle is prohibited from driving the motor vehicle, and there was a duty of care to prevent the accident by taking sufficient measures to ensure that the following vehicle is in an emergency, such as the installation of a triangulation belt, etc., in the case of a sudden driving or stopping due to unavoidable reasons.

Nevertheless, in order for the above cargo to fall off on the road, the defendant e (49) could not have the victim E (S) (S) who was proceeding on the rear side of the defendant while stopping about about 20 meters of the above cargo in order to remove it from the road, and failed to take such measures as above, failed to grasp the situation where the cargo vehicle of the defendant was stopped, and the victim's cargo vehicle and the cargo vehicle of the defendant, caused an accident where the rear side of the cargo vehicle of the victim and the cargo of the defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence, resulting in the death of the victim due to severe damage in his/her job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A death certificate;

1. A traffic accident report;

1. Photographs of an accident vehicle;

1. On-site reports (on-sites related to the screen of video materials of black boxes);

1. Application of the comprehensive traffic accident analysis response statutes of the Road Traffic Authority;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order is 1.