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(영문) 서울북부지방법원 2015.09.08 2015고단1369

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 C 110cc Orala.

Around 16:35 on October 23, 2014, the Defendant driving of the above Odba, and continued the front road of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to proceed at a speed of approximately 25 km per hour from Sodythy to Sodythy road 16-1.

Since there was frequent place where children’s walking in a children’s protection zone is frequent, in such a case, a person engaged in driving service has a duty of care to drive by emphasizing on the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to ensure the safety of children.

Nevertheless, the defendant neglected this and did not immediately stop the victim E (n, 4 years old) who was crossing from the right side of the proceeding direction to the left side by negligence and did not immediately stop, and the inside part of the defendant's driving exceeded the victim's bridge to the right side.

After all, the Defendant suffered approximately 12 weeks of the above occupational negligence from the victim’s open rashion, which requires medical treatment.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Statement on the occurrence of traffic accident;

1. Photographss, CCTV video-recording photographs;

1. Application of Acts and subordinate statutes to a investigation report (the presumption of speed prior to an accident);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) and Article 3 (2) 11 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, and

1. Article 62 (1) of the Criminal Act;

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

1. The range of recommendations on the sentencing criteria (the range of recommendations) shall be the range of general traffic accidents (the range of recommendations) and the scope of mitigation area (one to six months for traffic accidents) (including special mitigation persons) and no penalty shall be imposed (including serious efforts to recover damage);

2. The age is due to the accident in this case in a children protection zone that is determined to be sentenced.