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(영문) 부산지방법원 2017.06.21 2017고단1767

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B B-B freight vehicle.

On December 22, 2016, the Defendant driven the above vehicle at around 14:40 on December 22, 2016, and proceeded to the border from the 8 Do community service center in Busan to the border of the post-Yancheon elementary school in the 8-dong, Busan Metropolitan City.

A driver who is designated as a protective area for children was negligent in neglecting his duty of care to drive on the left and right of the vehicle while paying attention to the safety of children, while neglecting his duty of care to drive on the left and right of the vehicle, which led to the right-hand side of the victim C(12) in the left-hand side of the vehicle.

In such occupational negligence, the victim suffered damage to the upper part of the upper part of the upper part of the 10 weeks left-hand body, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A photograph of a CCTV image to be cut;

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

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of recommendation] under the basic area (4 to 1 year), (4 to 1 year), and there is no person who has any special sentencing / [the sentence] under the protective area for children / [the decision of sentencing] did not make any effort to recover damage even though the child’s serious injury was inflicted within the protective area for children, even if considering the fact that the defendant was the initial offender and driven vehicles are covered by the comprehensive motor vehicle insurance, the sentence of punishment is determined as per Disposition, even if considering the fact that the sentence is inevitable.