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(영문) 수원지방법원 안산지원 2019.01.10 2018고단3922

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 a SP area B.

On June 11, 2018, the Defendant driving the above vehicle at around 19:20, while driving the vehicle, and driving the two-lane road in front of the member C in Ansan-si from the D elementary school to the Ehigh school room from the D elementary school.

At that time, the place was a person engaged in driving of a motor vehicle as a child protection zone, and there was a duty of care to operate the motor vehicle with due care to the safety of children who do not know that the vehicle would normally appear by observing the regulatory speed and considering well the right and the left.

Nevertheless, the defendant neglected to do so and led the victim F (9 years of age) who crosses the right from the left side of the front direction of the defendant's proceeding to the left side of the front left side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelle managing staff member who left the right, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

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

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

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined by taking into consideration the following factors: (a) the operation of a child protection zone established to especially protect children who lack self-defense consciousness and forecast the reasons for sentencing under Article 62-2 of the Social Service Order Act; (b) the confession of the accused; (c) the vehicle is being admitted to the comprehensive automobile insurance; (d) the degree of injury of the victim; and (e) the history of