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(영문) 대구지방법원 2016.09.01 2016고단2887
교통사고처리특례법위반
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 driving a wing and cargo vehicle B.

On May 9, 2016, the Defendant operated the above cargo vehicle around 16:05, and was going to turn to the left from the modern power system, while driving the road of the Do in front of the cafeteria in Daegu Northern-gu, the child protection zone of the Do, which is the child protection zone of the Do.

There are frequent places where children walk in a children's protection zone. In such a case, the driver of a motor vehicle has a duty of care to drive the motor vehicle safely while driving the motor vehicle with a view to the safety of children, as children are able to cross the road at any time.

Nevertheless, the defendant neglected to turn to the left as it is, and the body part of the victim E (10 years of age) who was going to the front of the running direction of the defendant at the time when the defendant neglected to turn to the right, was shocked with the front part of the above vehicle, and thereby, the victim's right portion was cut to the wheels of the vehicle where the victim's right portion was stopped.

As a result, the Defendant suffered injury to the victim of the foregoing occupational negligence by cutting down the body body body of the light frame, which is accompanied by a non-alleys that require medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general traffic accident area (including a person who has been specially mitigated in January or August) (including a serious effort to recover from traffic accidents) and the scope of mitigation area (including the decision of sentence] / [the decision of sentence] the following circumstances and the defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of crime, circumstances after crime, etc., are all circumstances constituting the conditions for the sentencing indicated in the records of this case.

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