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(영문) 광주지방법원 목포지원 2015.06.05 2015고단359

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a bandon bandon.

At around 15:00 on October 15, 2014, the Defendant: (a) driven the said knex knex knife on a lot number-free road; (b) driven the said knex knife upon D’s request; and (c) towed the said knife knife knife.

At that place, there was a person driving the towing part, so that the towing part of the vehicle is ensured that there is no person in the surroundings, and the towing part does not stop, and the vehicle has a duty of care to safely drive the vehicle, such as towing the vehicle while the driver is on board the vehicle so that the vehicle can stop immediately after the stoping.

Nevertheless, the Defendant, in the process of towing the Lone Star car by using the towing line of the Co., Ltd., while the driver of the Lone Star car was not on board, caused the towing line by the negligence of the driver's own departure of the Co., Ltd., and accordingly, continued to proceed with the Lone Star car, and caused the part of the victim F. (the age of 84)'s right stopbuck in the vicinity of the said place to the front part of the Lone Star car.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim on February 4, 2015, when he was receiving treatment from G Hospital due to the pelle of the right-to-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates and opinions;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Traffic accidents in general;