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(영문) 인천지방법원 2016.06.23 2016고단1805

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D trucks.

On February 16, 2016, the Defendant operated the above truck around 06:20, and made the road of the front Do of Incheon Seo-gu, Seo-gu, Incheon to turn to the left at about 20 km from the surface of the apartment site in the future direction of the inspection team to the left-hand turn to the right-hand turn at the speed of about 20 km.

At the time of night, there are no signals, and in such a case, there was a duty of care to prevent accidents in advance by making a person engaged in driving of a motor vehicle well look at the right and right, and operating a steering system and a steering system accurately and safely.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and steering gear, and applied the victim FF (58 years old) who was sitting on the road on the right side of the said truck to the right side of the said truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the chest at the above place around 07:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A survey report on actual conditions;

1. A death certificate;

1. A written appraisal of autopsy;

1. Application of Acts and subordinate statutes on site photographs, photographs of accident vehicles, and CCTV images;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act, the Defendant, as a cargo driver, has neglected his/her duty of care to comply with the traffic-related Acts and subordinate statutes, and thus, caused the death of the victim by neglecting his/her duty of care on the front side of the driver’s vehicle.