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(영문) 대구지방법원서부지원 2020.08.20 2020고단775

교통사고처리특례법위반(치상)

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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 of B Cos or automobiles.

Around 14:40 on November 15, 2019, the Defendant driven the said car, and driven the three-lane road in front of the 2569-4 lusk-ro, the luscison-ro, the Daegu-gu, Gyeongwon-4, the Craton-ro, the Craton-ro, the front of the Craton-ro, the flow of which is about 67km at the speed of the Si-speed, depending on one-lane from the lu

It is a child protection zone where safety signs for children protection zones are installed at a restricted speed of 50km. In such a case, there was a duty of care to confirm whether a person engaged in driving duty has no child who is driving by checking well the right and the right and the right and the right and the right and the duty of care to drive with due care to

Nevertheless, the defendant neglected this and proceeded without permission, and the victim C (12 years old) who illegally crosses a bicycle on the left-hand side of the defendant's moving along the crosswalk from the defendant's driving direction was assigned to the front-hand part of the passenger car.

As a result, the Defendant suffered from the above occupational negligence that caused the risk of life, such as brain damage, flaging bladrosis, and double fladrosis, and serious injury that caused permanent severe harm to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A medical certificate;

1. Notification of the results of the analysis of actual condition survey report, family relation certificate, traffic accident analysis report, vehicle accident analysis report, vehicle driver's license register, mandatory insurance association, automobile insurance certificate, and internal investigation report (round 7, 10, 11, 12) by Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62(1) of the Criminal Act (hereinafter “Reasons for the Suspension of Execution”) provides that “The reason for the Suspension of Execution” shall be considered among the reasons for the Suspension of Execution

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

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

2. The scope of recommendations according to the sentencing criteria; and