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(영문) 광주지방법원 목포지원 2015.04.06 2015고단65

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 a car in Cknife.

On October 27, 2014, at around 15:08, the Defendant driven the car with the above car, and proceeded ahead of the road in Yongnam-gun D with the front of the road in Yongnam-gun, Yongnam-gun, at the right angle, at approximately 45 km per hour according to the speed of 1 minute.

At this point, there was a crosswalk where signal lights are installed as children protection zones, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the signals, by checking whether there is a person who gets on the way to see the right and the right and the right and the right of the children protection zone at the speed of 30km or less per hour.

Nevertheless, the Defendant neglected this and found the victim F (8 years old) who was crossinged by the pedestrian signals from the right side of the Defendant’s running direction to the left side of the crosswalk at a speed exceeding 30 km per hour, which was driven by the suspension signal at a speed exceeding 45 km per hour, and immediately flicked the victim. However, the Defendant did not avoid the flick and did not shock the victim.

Ultimately, the Defendant suffered injury to the victim, such as leaving the right frame, which requires approximately 10 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;

1. Investigation report (the speed investigation of vehicles involved in skiing mark);

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: A person who is an act of basic territory, four months to ten months of special aggravation: