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(영문) 인천지방법원 부천지원 2018.09.20 2018고단1401
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle C, called C.

On November 9, 2017, the Defendant driving the above vehicle at around 00:01, and driving the two-lane road at the parallel of inland highways 195.9km from the parallel of inland highways at the parallel 195.9km from the parallel IC to the Twit IC.

At night, two lanes are entering one lane due to construction works, and two lanes have entered the same lane, and the Defendant, prior to the same direction, followed the victim D(57) driving Estren car, and thus, there was a duty of care to secure and proceed with a safe distance that can be avoided when reducing speed and stopping the vehicle in good condition.

Nevertheless, the Defendant neglected this and continued to stop on a one-lane due to the occupational negligence of the Defendant, and received the part of the driver’s vehicle behind the victim’s vehicle, which was stopped on a one-lane due to the preceding accident, as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim from the occupational negligence above to the long-term damage to the victim’s occupation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The actual survey report and the inspection report;

1. A traffic accident analysis report;

1. A medical certificate;

1. A death certificate;

1. Making teas;

1. Application of Acts and subordinate statutes concerning the scene of accident, photographs of carcasses;

1. The relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended] [the grounds for sentencing of general traffic accidents]] and there is no basic area (eight to two years or more) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing]] Defendant did not properly respond to the urgency of preceding vehicles due to negligence driving without securing a safe distance and did not cause the victim's death while taking advantage of the victim's vehicle.

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