교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a car i30.
On October 24, 2016, around 08:50, the Defendant proceeded at a speed of about 50km at the speed of about 50km from the surface of the earth's village to the remote distance from the e-mail station, along the two-lane road in the 2278 East-gu Seoul Western coast.
At the time, there was an elementary school time and a child protection zone, and thus, the driver of the motor vehicle has a duty of care to pay attention to the safety of children and operate the motor vehicle by reducing the speed and taking into account the traffic situation of the front bank.
Nevertheless, the defendant neglected this and proceeded with the victim E (9) who crosses the road to the right side from the left side of the proceeding direction due to negligence that proceeded without reducing speed, to the front part of the defendant's vehicle.
Ultimately, the Defendant caused damage to less than the number of days of treatment due to occupational negligence as seen above, such as damage to less than the number of days of treatment, low-carbon cerebral brain damage, and damage to the scale of water.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. A map at the scene of an accident, and a photo at the scene of each accident;
1. A statement of the occurrence of E traffic accidents (the statement on behalf of mother F);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents 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 criminal facts;
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. For the basic area (from April to one year) of the type of traffic accident (including serious efforts to recover damage) within the scope of the recommended punishment: In the case of serious injury (including one type of injury caused by traffic accident) / In the case of serious injury (including serious efforts to recover damage);
2. The issue is that the child whose sentence is to be declared is in a critical state due to the uncertainty of the present, and that there is a child protection zone.