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(영문) 수원지방법원 안산지원 2015.03.25 2015고단99

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 4, 2014, the Defendant driven B rocketing car around 15:05, and led to one-lane road in front of the 70-lane 8 in the valley of the Crost high school in the city of Heung-si to a speed of about 10 km per hour from the area of the forest-speed village apartment to the area of the erost village village apartment at a speed of 10 km per hour.

Since there is a place that is designated as a children protection area, there was a duty of care to observe necessary measures and drive a driver while paying attention to the safety of children.

Nevertheless, the defendant neglected this and found it late after the victim C, who was on the left side of the running direction of the defendant due to the rear galle, coming back to the center part of the road, and the victim's right-hand bridge, which was used on the floor, shocked the victim at the left side of the vehicle of the defendant, and changed the victim's right-hand bridge between the road and the front wheels on the left side of the vehicle.

Ultimately, the Defendant suffered from the injury, such as the mouth of the Bridge, accompanied by a non-alley to the victim who needs treatment for about eight weeks due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic;

1. Application of the Acts and subordinate statutes to photographs of CCTV images for crime prevention and signboards in front of the head of a valley elementary school;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1), although the degree of injury of the victim is important, considering such factors as the defendant's acknowledgement of the crime in this case and reflects his mistake in depth, the fact that the defendant'

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;