교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six 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.
Punishment of the crime
The defendant is a person who is engaged in driving a B B B B B B B BB car.
On October 18, 2017, the Defendant driving the above car at around 13:00, and driving the car at around 13:00, and driving the road at a speed of about 10km per hour from the front side of the Busan Elementary School, which is about 135 square meters in front of the Busan High School.
Since the place is an elementary school, which is a child protection zone, and a crosswalk is installed, in such a case, a person engaged in automatic driving service has a duty of care to check whether there is a child, to check whether there is a child, and to drive safely.
Nevertheless, the defendant neglected this and did not discover the victim C(7) crossing the crosswalk within the children protection zone from the right side of the moving direction to the right side, and shocked into the front part of the passenger vehicle's right side.
결국 피고인은 위와 같은 업무상의 과실로 피해자에게 약 8 주간의 치료가 필요한 발목 및 발의 기타 부분의 으깸 손 상 등의 상해를 입게 하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. A medical certificate;
1. Application of each statute on photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of recommendation] The basic field (4-1 year) of traffic accidents (including special mitigation (aggravating)] / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of Education is serious, or in the case of extreme driving.