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(영문) 인천지방법원 2014.01.16 2013고단3314
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving for C.

On February 2, 2013, the Defendant driven the above-mentioned vehicle around 13:30 on February 2, 2013, and led to the passage of the road in front of 646-1, Nam-gu, Incheon Metropolitan City from the cGV room to the South East-dong Industrial Complex, about 5 km in Si speed.

At the time, the Defendant confirmed that, in order to load and unload approximately 1,800 g of the joint board loaded in the above for the foregoing for the foregoing for the sake of loading and unloading approximately 1,800 g, the above Gohap was over 2/3 of the front of the launch in which the Gohap was moved to the loading and unloading place under the victim D (the age of 47). In such a case, the Defendant had a duty of care to prevent accidents by accurately manipulating the electric embankment and brakes so as to ensure that the person engaged in the operation of the fork-board vehicle was at the end of the launch, and by preventing the loss of loaded cargo, such as the joint board, from falling off.

Nevertheless, the Defendant neglected this to keep the joint board as it is, and continued to put about 1,800 g of the joint board into the upper limit of about 1m on the ground that the Defendant secured the view, thereby making the above joint board more than 20 g of the victim’s body, which had been engaged in the leading work before being placed in the instant joint board, into the victim’s body.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence to the cardiopulmonary pulmonary death.

2. The Defendant committed a traffic accident at the time and place specified in paragraph (1) of this Article, as stated in paragraph (1) of this Article, resulting in the death of the victim, and even if marbs, etc. were scattered on the road, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

3. The Defendant violated the Construction Machinery Management Act, without obtaining the construction machinery operator’s license certificate, at the time and place specified in paragraph (1).

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