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(영문) 인천지방법원 부천지원 2019.07.16 2019고단1243
교통사고처리특례법위반(치사)
Text

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

However, 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 a concrete mixed truck.

On February 14, 2019, at around 10:05, the Defendant proceeded along the three-lanes of the roads near Kimpo-si, Kimpo-si, along the two-lanes from D to the Jeju Jeju Jeju IC.

At the same time, there is a intersection with signal apparatus installed on the front side of the above concrete mixed truck, so in such a case, the driver had a duty of care to safely operate the steering system by checking the safety distance with the passenger van being driven on the front side, and operating the steering system properly.

Nevertheless, the Defendant neglected this and operated in an excessively close vicinity to the above combined vehicles, and discovered late the said combined vehicles in compliance with the yellow signals at the intersection, and received the victim E (e.g., 54 years old) who was placed a stop at the right edge of the mast Road due to negligence converting the direction to the right edge of the mast Road to the right edge of the road to avoid the collision.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of multiple prolonged damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes to cut off a site photograph of an accident, CCTV images for crime prevention, booms image images;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of general traffic accidents (the scope of recommendations] and the scope of mitigation (the period from April to one year) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Determination of sentence: Eight months of imprisonment without prison labor and suspension of execution;

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