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(영문) 전주지방법원 2017.05.30 2017고단249

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 a period of 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 CP.

On December 4, 2016, the Defendant driven the above vehicle at around 15:30 on December 4, 2016, and proceeded with a one-lane prior to Kim Jong-si at the front of the previous Kim Jong-do at the front of the Jin-si office at the front of the Jin-si.

The location is a child protection zone and the restricted speed is 30 km per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely driving it, such as checking the right and the right and the right while complying with the restricted speed and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and continued 68.7km at a speed of 30km per hour at a speed of 30km, and did not look at the front side of the Defendant’s running direction, and caused the injured party E (5 years) who crosses the road to the right side from the left side of the Defendant’s running direction to go beyond the damaged party on the road.

Ultimately, the Defendant suffered from an external cerebral cerebral cerebrovassis which requires approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notice of the results of traffic accident analysis;

1. On-site evidence and photographs;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that an agreement is reached between the victim and the reason for sentencing under Article 62-2 of the Criminal Act and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act, and the vehicles are covered by comprehensive insurance; the defendant does not have the same type of criminal records; on the other hand, the defendant has caused traffic accidents by considerably excessive parts in the children protection zone; and the degree of injury to the victim was very serious; the details and result of the accident in this case.