beta
(영문) 수원지방법원 2015.11.18 2015고단3734

교통사고처리특례법위반

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 of CM3 motor vehicles.

On July 18:50 on July 7, 2015, the Defendant driven the said car and proceeded at a speed from 126 to 119 roads in front of the D Apartment 119-dong, Suwon-si, Suwon-si.

Since there was a road in the apartment complex, there was a duty of care to reduce the speed to a person engaged in driving duty and to safely drive the right and the right of the pedestrian by examining well the right and the right of the pedestrian.

Nevertheless, the defendant neglected this and proceeded with the victim E (five years of age) who crosses the marina road to the right side from the left side, and continued to proceed with the victim E (five years of age) with the front and rear wheels of the above vehicle.

As a result, the Defendant suffered serious injury that caused the risk of life, such as cage cage fages, pelfs, livers, livers, livers, livers, and credit fages, etc., which require at least 16 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates and written opinions on whether they constitute serious injuries;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing in Article 62-2 of the Criminal Act [the scope of recommendations] general traffic accidents in the category 1 (the injury of traffic accidents) (the special sentencing person] [the decision of sentence] is sufficient for the defendant to have a victim crossing the crosswalk near the crosswalk in the apartment complex, which led to the shock of the victim's fault, such as the victim's serious injury, etc., and the parents of the victim want to be punished.