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(영문) 광주지방법원 목포지원 2015.04.07 2015고단105
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle in a sealed Ⅲ.

Around 08:30 on January 7, 2015, the Defendant saw the vehicle at the time in the D parking lot located in Fag-si C.

At the time, the above vehicles of the Defendant’s driving were left behind, and on the rear side of the above vehicle, the victim E (the 75-year old) was engaged in the work of putting the disuse collected by the victim E, and thus, there was a duty of care to prevent accidents by accurately manipulating the front and rear bank and accurately manipulating the steering gear, etc. for the driver of the vehicle, and thus, the driver of the vehicle has a duty of care.

Nevertheless, the Defendant neglected to do so and misleads that the fish of the above vehicle is placed in a neutral zone, and caused the scambling by the negligence of the scambling in a state where the cambling is being carried out with the vehicle, and led the victim who was behind the scambling of the above vehicle to the bottom of the vehicle.

After all, the Defendant caused the death of the victim to a private person at the Jeonnam Central Hospital located in 724 as of January 7, 2015, in accordance with the foregoing occupational negligence, around 09:03, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. The fact that the defendant's negligence is not less severe than the defendant's decision of sentence or suspended sentence, but the result of the victim's death occurred, but the defendant's negligence is recognized and reflected, and that the defendant has agreed with the victim's bereaved family member.

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