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(영문) 창원지방법원 2018.04.19 2018고단146
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 engaged in driving a observer car B.

On August 29, 2017, the Defendant driven the above car at around 13:40, and driven it at the speed of about 52.8 km from the new elementary school to the North East East East Eastern Fire Station, the two-lanes of the intersection in front of the 3-distance radius in the border of the East East East East East-gu in the Kimhae-si.

At this point, it is designated as a child protection zone, and since it is a three-distance intersection, a driver of a motor vehicle has a duty of care to estimate the children, etc. who are cir own roads in order to build a road, to reduce the sufficient speed to defend them, to ensure the safety of the course, and to check the safety of the course, and prevent the accident in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant did not find out the victim C (the 15 years old), which was a road on the right-hand side of the running direction of the Defendant’s vehicle, and did not see the victim C (the 15 years old) who was a road in the crosswalk color on the right-hand side of the crosswalk, and had the victim go beyond the ground by being a front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from an incurable or incurable disease, such as a permanent recognition disorder (e.g., de facto in which communication is impossible after snow only) caused by damage to the victim’s cerebral cerebral cerebral lare, etc. due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Each statement of E, F and G;

1. Reporting of a traffic accident (six pages of evidence records);

1. Requests for the issuance of a medical certificate or a written opinion on whether an injury occurs, and replies;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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