beta
(영문) 대구지방법원 포항지원 2016.01.29 2015고정540

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle from the freezing tower B.

On October 15:40, 2015, the Defendant driven the above cargo and operated a road without a line front of the elementary school day scheduled at the port of South-gu, South-gu, South-gu, by driving it directly from the front line of the coast guard at the port of port to the front line of the coast guard.

In this case, the driver of a motor vehicle has a duty of care to drive the motor vehicle by reducing speed, keeping the right and the left, and paying attention to the safety of children, and when a pedestrian passes through the motor vehicle, the driver of the motor vehicle has a duty of care to operate the motor vehicle so as not to obstruct or endanger the crossing of the motor vehicle.

Nevertheless, the defendant neglected this and proceeds, and the left-hand prosecutor's office on the left-hand side of the defendant's vehicle was prosecuted as even before the right-hand side, but this seems to be a clerical error

The front even parts conflict with the face side of the victim C (V, 7 years old), which was a road to the right side from the left side of the vehicle moving direction of the defendant at the time.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the body of the left-hand body in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. With respect to investigation reports (in relation to attachment of accident images), the application of statutes for investigation reports (in relation to CCTV analysis reports at the scene of traffic accident damage);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (2) (proviso) 11 of the Act and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act of the suspended sentence (the victim of this case)