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(영문) 인천지방법원 부천지원 2015.06.18 2015고단530

교통사고처리특례법위반등

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

However, 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 of a fixed cargo vehicle D.

On August 29, 2014, the Defendant driven the above cargo vehicle around 10:15, and proceeded at the speed of about 80 km at the speed of 15.75 km of the two-lane highway, which is located in Ansan-dong at the city of Ansan-dong, according to the two-lanes of the width of Incheon.

At the time, the loading of the foregoing cargo was done by a tring lease, and thus, in such a case, there was a duty of care to take safety measures, such as fixing the cargo to a person engaged in driving the motor vehicle in loading in order to prevent the fall of the cargo.

Nevertheless, as the defendant neglected to load it, one t lease, which was loaded on the road due to negligence that did not properly fix the above Twit lease, was reduced to the road.

Accordingly, the injured party F(the age of 49) who was driving on the Ebecced vehicle following the Ebeced vehicle was immediately avoiding the above Twit lease, and went out of the expressway beyond the right string of the road. HK5 vehicle operated by G(the age of 29) who was driving following the said Bbeced vehicle was able to receive the said Twit lease on the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence to the victim F, which requires approximately eight weeks of medical treatment, and at the same time, destroyed the damage to the victim F, which is worth KRW 35,230,000 of the market price, so that the victim F, who owns K5 cars, can be scrapped, and the repair cost of the victim F, which is KRW 2,233,201, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and F;

1. Traffic accident report, accident-related photograph, estimate, certificate of registration of cancellation of a motor vehicle, each diagnosis certificate, certificate of release from a entrance, certificate of medical examination, certificate of medical record, certificate of medical treatment, certificate of confirmation, and each investigation report-related statute; and