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(영문) 인천지방법원 부천지원 2019.05.17 2019고단378
교통사고처리특례법위반(치사)
Text

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

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 the driving of a cargo vehicle B and B.

On January 16, 2019, at around 06:36, the Defendant was driving the above cargo vehicle and changed the lanes into two lanes while driving the three lanes in front of the “(State)D” located in Kimpo-si, Kimpo-si.

On the end of the three-lane side of the road, E was set up with the FF 14 tons wing truck, which had been stopped by E, with an emergency direction lights. In such a case, there was a duty of care to safely drive the vehicle to prevent accidents by safely driving the vehicle, such as securing a distance necessary to avoid collision with the former, and changing the vehicle line, etc.

Nevertheless, the defendant neglected this and received the back portion of the left side of the truck loaded of the above cargo in front of the right side of the truck driven by the defendant while changing the lane into a two-lane due to occupational negligence.

Ultimately, the Defendant caused the death of the victim G (the age of 61) who was on the top of the cargo vehicle driven by the Defendant due to such occupational negligence at the I Hospital located in G in G in Gyeonggi-do Kimpo-si, Gyeonggi-do, around 08:17 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on actual condition and a written investigation of dead bodies;

1. Application of the provisions of this Act to field photographs, modified photographs, or images reproduced;

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 range of recommendations on the sentencing guidelines [the range of recommendations] shall be the range of general traffic accidents [the range of recommendations] and the scope of mitigation (4-1 year) (including special mitigation] (including efforts to recover damage).

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