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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1858
교통사고처리특례법위반(치사)
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 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 dump truck driving.

On April 28, 2018, the Defendant driven the above truck on April 28, 2018, and proceeded to Seoul from the direction of strengthening the right side of the two-lane side in front of the entrance of the upper marina Corporation, which is on the Ganpo-si route of Kimpo-si.

There is a signal device installed in the front side only in a green, yellow, red, etc., and there is no sign allowing a non-protective left-hand turn or a U-turn. In such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the direction of traffic signals and prevent accidents by safely driving the motor vehicle in accordance with the direction of traffic signals.

Nevertheless, the Defendant neglected this and caused the victim E (23) who was working in the same direction as the victim E (3) who was working in excess of the stipulated speed on the two-lanes of the same vehicle due to the occupational negligence while driving the 1,2-lane road immediately driving on the side, even though the front line of the vehicle traffic signal is a traffic signal at the place where the U-turn is prohibited, to shock the back part of the left side of the said truck by the front line on the left side of the vehicle driving.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Scenic photographs of each accident scene, on-site and vehicle photographs, a half-sturfed passenger vehicle, and dump truck, respectively;

1. A death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

1. The circumstances favorable to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures (the defendant is liable for the accident of this case).

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