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(영문) 대전지방법원 2014.04.15 2013고단4850
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a DNA car.

At around 17:50 on October 2, 2013, the Defendant driven the said car, leading to the right-way of a three-distance from the new elementary school located in the Taedong-gu Daejeon-gu Daejeon to the right-way distance from the Geum River X-ray on the side of Geum River X-ray.

Since it is a child protection zone and a road front of an elementary school, there was a duty of care to prevent accidents in advance by driving a vehicle in consideration of the safety of children by reducing speed and by properly examining the right and the right of the vehicle driver.

Nevertheless, the Defendant neglected this and did not avoid the victim E (the age 11) who enters the road from the right side of the way to the right side of the way to the right side of the vehicle, and continued to go beyond the floor by receiving a bicycle from the front part of the said vehicle and continued to go beyond the floor, thereby leading the victim to the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the two internal blood transfusions, which had two or more open addresses in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be applied to suspended execution (the fact that has been agreed with the victim, the first offender, and the second offender);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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