(영문) 수원지방법원 안산지원 2019.01.23 2018고단3979

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줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2019.01.23 2018고단3979

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for one year.

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

The Defendant is a person who is engaged in driving freight B.

On October 5, 2018, around 11:48, the Defendant proceeded along the coast roads in front of the Michuhol-gu Incheon City, Michuhol-gu, and the D complex, along the two-lanes of the five-lanes, from the potteral distance room to the potteral slope.

At the same time, the road was on which the center line of yellow-ray was installed, and the surface was sleeped because it was down at the time. In such a case, the driver of the motor vehicle has a duty of care to protect the vehicle through thorough operation of the front line, and to operate the steering and operation of the steering system accurately, so that the driver of the motor vehicle has a duty of care to safely drive the motor vehicle without harming the center line.

The Defendant neglected this, thereby driving the central line by breaking it, caused the Defendant’s negligence, caused the victim to die at the scene of sbroom damage, resulting in the Defendant’s f freight cars driven by E, H car driven by G, and J freight cars driven by the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K and E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., the criminal records in excess of the fine, the criminal records in excess of the previous records, the criminal records in excess of the fine, the criminal records in excess of the previous records after 2004, the criminal records by the defendant's negligence,

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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-울산지방법원 2017.07.06 2017고단1637

-전주지방법원 2014.12.12 2014고단1549