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(영문) 춘천지방법원 원주지원 2014.07.01 2014고단443
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving vehicles of Chumped passenger vehicles.

On March 31, 2014, around 15:35, the Defendant was immediately driving the said vehicle at an international apartment speed from the direction of the original state to the international apartment zone, with the road located in front of the Giju-si 183, Jinju-si, 183.

At the time, the victim D (Nam and 12 years old) crosses the crosswalk from the right side to the left side of the way, so the driver of the vehicle has a duty of care to prevent the occurrence of safety accidents by clearly checking whether there is a person who gets on a road in the front side and the left side of the road in the children protection zone. Therefore, the driver of the vehicle has a duty of care to prevent the occurrence of safety accidents by clearly checking whether there is a person who gets on a road in the front side and the left side of the road.

Nevertheless, the Defendant neglected to do so and caused the injury to the left-hand body part of the upper part of the above vehicle, which is the front part of the victim’s bridge, and caused about 12 weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

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

1. Selection of imprisonment without prison labor for the type of punishment (where illegality in the proviso to Article 3 (2) of the Specialized School Act is serious (where any ground exists under the proviso to at least two proviso), etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, reflectiveness, agreement, purchase of comprehensive automobile insurance, etc.);

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