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(영문) 수원지방법원 성남지원 2016.11.21 2016고단1894
교통사고처리특례법위반(치상)
Text

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

except that 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

The defendant is a person who is engaged in driving of the city bus C.

On March 11, 2016, the Defendant driven the above bus on March 11, 2016, and led to the revision of the 249 Sinnam-si of Gyeonggi-si, by moving the road near the shooting distance in front of the Sungnam-nam Elementary School to the port of a warrant mountain tunnel.

It is a child protection zone and a crosswalk is installed on the front door, so in such cases, there was a duty of care to safely drive the driver while checking whether there is a person who reduces the speed, well sees the right and the right and the right and the right of the driver, and paying attention to the safety of children.

Nevertheless, the defendant neglected to do so and proceeded along the crosswalk that was located on the front side of the defendant, and took the bridge of the victim D (10 years of age) which was the child living on the left side from the right side of the defendant as the defendant's vehicle, and taken the bridge of the victim beyond the defendant's vehicle with the front wheels of the defendant's vehicle.

As a result, the Defendant suffered injury, such as a table of ducts, which requires approximately 16 weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Each medical certificate and each statement of opinion;

1. Children protection zone control cards;

1. Application of Acts and subordinate statutes to a field and a black boom;

1. Article 3 (1), the proviso to Article 3 (2) 6 and Article 3 (1), Article 3 (2) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act, including the fact that the criminal defendant has no criminal record

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