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(영문) 대구지방법원 2019.09.25 2019고단3300

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2019, at around 15:10, the Defendant driven B Lone Star Co., Ltd., and led D front roads located in Daegu-gu, Daegu-gu C to proceed from the land of E to the land of F building.

Since a crosswalk is installed, and it is designated as a child protection zone, the defendant engaged in driving service has a duty of care to care for the safety of children while driving a crosswalk.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The above Defendant’s driver’s vans did not proceed on the road of the Austria and did not proceed with the above Defendant’s operation and continued to proceed with only the speed walk walk, and caused the above walk walk to proceed toward the back direction of the way to prevent the above walk from the off of G kindergarten by following the walk walk walk, thereby facing the victim J (15 years old), K (12 years old), L (13 years old), and M (13 years old) with the back of the walk walk.

Ultimately, the Defendant, by the foregoing negligence, suffered from the victim J (15 years of age) injury, such as cutting off a bridge in detail in which treatment is required for approximately seven weeks of age, cutting off the body of the victim K (12 years of age), cutting off the body of the non-pel in need of treatment for about three weeks of age, damage to the body of arms and other property, and damage to the victim M (13 years of age) who require approximately two weeks of treatment, respectively, for approximately two weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of N, J, K, L and M;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A photograph of a CCTV image closure;

1. Application of each statute of diagnosis of J, K, L, and M;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act dealing with common concurrences;

1. The Criminal Act, the suspension of execution;