beta
(영문) 수원지방법원 안산지원 2017.10.19 2017고단2262

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 also a person who is engaged in driving a sports cargo vehicle.

On April 4, 2017, the Defendant driven the above vehicle at around 08:11, and proceeded with the road front of the 21 mountain village church, which is located within 7 hours in the direction of Silung-ro, a large city of Silung-ro, in the vicinity of Silung-ro, with one-lane of Silung-ro, which is about 54 km in Silung-ro.

At that time, it is a child protection zone and a pedestrian crossing is installed on the front side, so the defendant engaged in driving a motor vehicle has a duty of care to safely check whether there is a pedestrian crossing of the road by observing the speed of 30km a speed of speed at the speed of 30km, and to safely check whether there is a pedestrian crossing the road.

Nevertheless, the Defendant neglected to do so and immediately proceeded with it, thereby passing ahead of the D Rabs van which is stopped in the above crosswalk, and taken the left-hand body of the victim E (5) who crosses the right-hand side from the right-hand side to the right-hand side at a point beyond the crosswalk, and served as the front wheel part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to have an occupational negligence on April 8, 2017, and caused the victim to have cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spae at the Ansan-si Hospital located in the Ansan-si University Hospital located in the Republic of Korea (Seoul-do).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Response to a request for appraisal;

1. A traffic accident report;

1. Summary map of protective areas for children;

1. Application of Acts and subordinate statutes to a field photograph, a vehicle photograph, a black stuff photograph, or a photograph to a photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing (the scope of recommendation) of Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is general.