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(영문) 인천지방법원 2018.05.30 2018고단2933
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 driving a D 25 tons truck.

On January 6, 2018, the Defendant driven the above truck on around 22:38, and proceeded at the speed of 18.8km (on the surface of Siung-si) from the Sigung-si to the Sigung-si (on the surface of Sigung-si) at the 18.8km (on the surface of Sigung-si).

In the same direction as at the time, since the F. E-E. driven by the victim E (37 tax) followed the latter, there was a duty of care to safely proceed with the person engaged in driving service with the safety distance by making the situation well and securing safety distance.

Nevertheless, the Defendant neglected this and got the front part of the above truck as the front part of the above truck due to the negligence of driving the truck while driving the truck, and let the above truck turn to the right side, and let the truck string the string to the right side.

Ultimately, the Defendant caused the death of the victim due to brain injury at the site by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to G and H;

1. A traffic accident report;

1. Each photograph;

1. Application of Acts and subordinate statutes to dead bodies;

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 suspension of execution ( normal consideration, such as the reflection of the fact, the absence of a criminal record of imprisonment without prison labor or any heavier punishment, the fact that a comprehensive motor vehicle insurance is purchased, the bereaved family members of the victim have agreed smoothly with the victim

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