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(영문) 부산지방법원 2017.06.16 2017고단2147

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a ice Track freight vehicle.

On September 2, 2016, the Defendant driven the above cargo vehicle at around 05:30 on the 05:30, the Defendant was unable to accurately operate the brake system while driving the 3-lane road at the point of 1 km in the air-conditioning point of the 2nd line of the expressway in the Seoul metropolitan area in the 2nd line of the expressway in the Busan metropolitan area, along that of the 2nd line in the 1km area in the Busan metropolitan area, and the Defendant stopped the 1nd line of the road and the 2nd lane in the above cargo vehicle.

Since it is an expressway at night at the time, a person engaged in driving service has a duty of care to install a sign of a motor vehicle on the rear side of at least 100 meters of the motor vehicle in the event of a breakdown, and to install a red signal signalling system or fireworks signal that can be identified at a point of 500 meters in all directions, along with the above sign, on the rear side of the foregoing motor vehicle, to prevent the second accident by installing it on the lower side of at least 200 meters in width.

Nevertheless, the defendant neglected this and did not install any sign and signal on the same side by negligence, and had a F-bow driving by the victim E, who was in progress, get the trucking side of the defendant.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence in around 05:42 of the same day due to the damage of chest clothes at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to the written appraisal of a response to a request for appraisal;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the following favorable circumstances) is not to be taken to prevent the second accident due to the suspension of execution, thereby causing the death of the victim.