beta
(영문) 수원지방법원 평택지원 2015.10.02 2015고단931

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CPa car.

On March 19, 2015, the Defendant driven the above car on March 17:14, 2015, and tried to turn off the distance in front of the E-household D from the Western underground street to the private distance in the west Building from the Western underground street.

At all times, there are an intersection and crosswalk where signal lights are installed, so in such cases, the driver of the vehicle has a duty of care to reduce the speed of the driver and to safely protect the pedestrian according to the signals and prevent the accident by safely driving the driver of the vehicle.

Nevertheless, while the Defendant neglected this and was proceeding to bypass the signal in violation of it, the Defendant got the victim F (six years of age) who opened the crosswalk from the left side of the running direction of the Defendant in front of the left side of the said car by taking the victim F (six years of age) in front of the left side of the said car, and caused the victim to be faced with his head while going beyond the road.

Ultimately, the Defendant caused injury to the victim by occupational negligence, such as blood transfusion and the closure of the two ducts, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report on traffic accidents;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Where illegality in the proviso to Article 3 (2) of the Specialized School Traffic Act is serious, in the area of aggravation (eight to one year and six months) of Part I (the injury caused by traffic accidents) of general traffic accidents;

2. The fact that the Defendant recognized the instant facts charged and reflected his mistake, and that the Defendant has no record of punishment exceeding the fine, etc.