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(영문) 서울중앙지방법원 2014.06.27 2014고단2267
교통사고처리특례법위반
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 Cone Star Vehicles.

On February 21, 2014, at around 17:05, the Defendant driven the above vehicle and got 26-lane 10,000, not less than 11,000 in Seoul Dongjak-gu, and proceeded at about 30 km each hour from the border of the national salary tunnel to the upper parallel of the road.

Since there are children protection zones and crosswalks where signal, etc. are installed, the driver of the motor vehicle has the duty of care to observe necessary measures, such as reducing speed for the driver of the motor vehicle and checking well the front left by checking whether there is a person standing the crosswalk, and to safely drive the motor vehicle according to the traffic signal while paying attention to the safety of children.

Nevertheless, the Defendant neglected this and failed to discover the victim D (5 years old) who cross the crosswalk from the right side to the left side of the crosswalk, and did not discover the victim D (5 years old) who walked the crosswalk from the right side of the above vehicle, and led the victim to the left side of the victim with the rear wheels.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as cutting the body body of the left-hand body in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Of the first type of general traffic accidents (the injury caused by traffic accidents) (the decision of sentence), the basic area (four months to ten months) (the decision of sentence] of the first type of traffic accidents (the decision of sentence] shall be sentenced to imprisonment without prison labor for the year of the suspension of execution and the fact that a victim with the age of two years has suffered serious injury, and the violation of Article 3(2) proviso of

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