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(영문) 서울중앙지방법원 2015.01.28 2014고단9040
교통사고처리특례법위반
Text

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

However, 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 a car in Cknife.

On October 17, 2014, the suspect driving the above vehicle around 16:00, and driving the 40-laned road near the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, from the new scarg distance to the scarg elementary school.

The place is designated as a child protection zone, and the crosswalk is installed on the front door, so in such a case, the driver had a duty of care to prevent accidents by safely driving the vehicle, such as checking the front and rear left for the person engaged in driving service, and whether there is a person who dried the crosswalk, etc.

Nevertheless, the Defendant neglected to perform his duty at the time of the front week and neglected to do so, and received the part of the front floor of the said car from the left side of the Defendant’s moving direction to the right side of the victim D (nine years of age).

As a result, the Defendant suffered treatment of approximately two months from the above victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The basic area (4 to 10 months) of the first type of traffic accident (the decision of sentence) [no special person] / [the decision of sentence] 2 years of the suspension of execution (the fact that there is no criminal record of the same type and the suspension of execution, the fact that a motor vehicle comprehensive insurance has been subscribed, the fact that there was no criminal record of the same type and the suspension of execution, the fact that the motor vehicle comprehensive insurance has been subscribed, the fact that there was all relief measures after the accident,

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