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(영문) 청주지방법원 영동지원 2013.10.31 2013고단112

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a Cren car.

On June 5, 2013, the Defendant driven the said car at around 18:09, and led to the driving of the said car on the front side of the Yangcheon-gun, Cheongcheon-do, the two-lane road in front of the Yangcheon-do, Cheongcheon-do.

Since there is a place designated as a protective area for children, the driver has a duty of care to prevent accidents in advance by driving the vehicle with due care for the safety of children.

Nevertheless, the Defendant neglected this and found that the victim D (the age of 11) was aboard a bicycle and operated late, but did not fall short of this, and received the left part of the bicycle as the front part of the car of the Defendant.

As a result, the Defendant suffered injury to the victim D, by occupational negligence, such as flaging in a light-to-face in which there is no open room for about 4 weeks of treatment, and at the same time suffered injury to the victim E (V, 6 years of age) who was on board the said bicycle for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the traffic accident report;

1. Descriptions of each written diagnosis;

1. Application of each video statute of a photographic description;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the judgment shall be recommended for one to six months.