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(영문) 수원지방법원 2019.08.28 2019고단1123

교통사고처리특례법위반(치상)

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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 November 18, 2018, the Defendant driven the above car at around 12:30, and driven the intersection in front of D elementary school located in E in E in E in the direction of FF Association, with two lanes from E in the direction of FF Association.

At all times, it is an elementary school children protection zone where yellow yellow light signal is installed with a restricted speed of 30km per hour. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents and safely drive the steering gear and brakes by complying with the limitation speed and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this while driving a limited speed more than 20 km, and did not avoid the victim I (Nam, 69 years old) driver's J-Pa-Pa-Pa-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Ultimately, the Defendant suffered damage to a victim’s less than 8 weeks of less than 8 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. The actual survey report and on-site photographs;

1. An appraisal report;

1. On the investigation report (as to the attachment of image screen);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is not that the defendant caused a traffic accident involving damaged vehicles due to negligence exceeding the limited speed and the victim suffers injury, and the quality of the crime is not weak.