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(영문) 부산지방법원 동부지원 2015.11.05 2015고단1496

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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

On April 15, 2015, the Defendant, who is engaged in driving a dump truck, driven the dump truck on April 17, 2015, and proceeded at a speed of about 37.2 km per hour from the side of the pump apartment in Busan Southern-gu, at a speed of about 37.2 km along that of the dump truck.

At the time, the apartment house is designated as a child protection zone and at the same time, children had a duty of care to observe necessary measures, care in the surroundings, and drive the vehicle with due care to the safety of children.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 37.2 km per hour exceeding 30 km per hour in a children's protection zone, and the victim C (seven years of age) by negligence, without looking well at the surrounding area, was boarding a bicycle, and proceeded without discovering the appearance from the entrance of the above apartment to the road of the Defendant, and the victim got the front front and rear wheels of the victim's bicycle with the front and rear wheels of the victim's driver's dump truck.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately 12 weeks of treatment to the left-hand majority of the executives in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA preparation;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and traffic accident analysis appraisal certificates;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing in Article 62-2 of the Criminal Act are as follows.