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(영문) 광주지방법원 2018.07.12 2018고단1445

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:55 on February 13, 2018, the Defendant driven a low-priced car in B, and proceeded to the middle school of a forest in front of the global apartment in the Dong-dong in Gwangju-gu, Gwangju. Since it is a child protection zone, it is a child protection zone, and accordingly, the Defendant breached the duty of due care to ensure the safety of children, and operated a motor vehicle without violating the duty of due care to operate the motor vehicle and without permission to the port from the right side of the driving direction of the said motor vehicle, and suffered injury to the victim C (8 years), D (8 years years), and D (8 years years) as the front part of the said motor vehicle, and suffered injury to the victim, each of whom requires approximately eight weeks medical treatment for the left side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each written diagnosis;

1. An investigation report (related to children protection zones);

1. A comprehensive analysis of traffic accidents;

1. The scene and photographs of each traffic accident;

1. Application of the Acts and subordinate statutes on black booms CDs

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account all the circumstances, including: (a) the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2(1) of the Criminal Act; and Article 59 of the Act on the Protection, Observation, etc.; (b) the victims do not wish to punish the defendant; (c) the defendant has no history of criminal punishment; and (d) the degree of damage caused by the accident of this case;