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(영문) 인천지방법원 2020.11.25 2020고단6785

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Bsch Rexroth car.

On May 27, 2020, the Defendant, around 16:20 on May 27, 2020, proceeded at a speed of approximately 26.53 to 27.36 km from the Myeongles Park for Children's Children's Park to the Myeon of the D Hospital.

Since there is a crosswalk, the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving the vehicle, to live well, to build the crosswalk, and to safely drive the crosswalk, and to prevent the accident by driving it safely.

Nevertheless, the defendant's negligence caused the victim E (ma, 8 years old) who was standing on the right side of the defendant's vehicle by his/her negligence to shock the victim E (ma, 8 years old) in front of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as cutting the body frame and closing of a tent, for about five weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to on-site surveys and photographs, written diagnosis of the defendant's legal statement, actual condition investigation;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accidents [Type 1] the basic area (the scope of recommendation area and recommendation range], the basic area of causing traffic accidents (the scope of recommendation area and recommendation range], April through one year;

2. While driving a motor vehicle, the Defendant, who was stopped in front of the crosswalk, was shocked by the victim who was standing the above crosswalk in the school bus.

At the time, the school bus stops at the front of the school bus, but it is against the defendant's attitude to drive the above school bus and the victim's age.