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(영문) 광주지방법원 해남지원 2020.04.23 2020고단25

교통사고처리특례법위반(치상)

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

On September 5, 2019, at around 07:45, the Defendant continued one road in front of D Elementary School C located in Namnam-gun C from the ground end in the direction E from the ground end.

At that time, a person engaged in the driving duty as an elementary school in front of the child protection zone, which is a section of 30 km speed per hour, has a duty of care to observe the speed limit, pay attention to the safety of children, and drive such a road.

Nevertheless, the defendant neglected this and continues to stop at a speed of 70 km per hour exceeding 40 km per hour.

From the left side of the proceeding, the part on the left side of the victim F (n, 12 years old) which opened a road on the right side of the road was shocked into the left side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as the 32-day left-hand abandonment of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Images recorded in one black box, video CD;

1. A report on investigation (verification of the designation of a children protection zone) and a screen of black stuffs images;

1. Application of Acts and subordinate statutes to a medical certificate (F) and a report on investigation (the investigation of the number of days of treatment of a victim);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines, general traffic accidents [the category 1], the injury [the special person] caused by traffic accidents: The element of mitigation of punishment (including serious efforts to recover the damage): Cases where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or cases of climatic driving.