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(영문) 대전지방법원 2018.06.21 2018고단729
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2017, the Defendant driven a freight vehicle B B at a speed of about 49 km from the apartment side of the G convenience store located in the Daeyang-gu, Seoul at a speed of about 18:50 meters to the middle distance from the south of Chungcheongnam-gu.

Since there are crosswalks where signal lights are installed in the front door and children protection zones, it is necessary to confirm whether a person engaged in driving service is a person crossing the crosswalk by reducing the speed within the limit of children protection zones (40km in the city) and properly examining the right and the right and the right of the road, while paying attention to the safety of children.

Nevertheless, the Defendant neglected this and violated the speed limit in the children's protection zone, and the victim E (7 Do) crossing the crosswalk due to the negligence of proceeding, even though the vehicle's ongoing signal is a stop signal, received the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as the entrance of the right satisfaction and the opening of the body, which require approximately 12 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a medical certificate, and a traffic accident analysis and appraisal report;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (a confession, initial crime, subscription to a comprehensive insurance policy, an agreement with the victim under favorable circumstances, and a party who inflicts serious injury on a child in violation of the signal in the child protection zone shall be considered disadvantageous circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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