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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2457
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a C-5 vehicle.

On June 8, 2017, the Defendant driven the above vehicle around 14:20 on June 14, 2017, and led to the following roads in front of the front of the 39-dong large-dong apartment apartment site, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, to be cut off from the right side of the front of the large forest apartment site.

It is a child protection zone and a place where signal lights and crosswalks are installed on the front side, and pedestrians are frequent, so the defendant engaged in driving motor vehicles has a duty of care to check whether there is a child, and to safely proceed in accordance with the signals and signals.

Nevertheless, the Defendant neglected this and caused the injury to the victim by taking part of the body part of the victim D (the remaining, 7 years old) crossing the road from the right side of the Defendant’s vehicle to the right side of the crosswalk in accordance with the pedestrian signals, with the care of the victim in violation of the signal in the children’s protection zone, on the ground that the victim exceeded the floor of the above vehicle, thereby causing approximately 8 weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of traffic accident situation (E) and witness e-mail statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by conducting a traffic accident report, a survey report on the occurrence of a traffic accident, a field photograph of an accident, or taking a visual image of an accident;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the illegality in the basic area (special mitigation) (special mitigation) of the sentencing criteria [the scope of recommended punishment] [the basic area (special mitigation)] set forth in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases of the School is serious (aggravated increase)].

2. The defendant who is sentenced to a sentence shall violate the signal at the crosswalk;

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