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(영문) 부산지방법원 2015.08.26 2014고단9318
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motorcycle B.

On September 15, 2014, the Defendant driven the above motorcycle on September 17:15, 2014, and led the road in front of the D cafeteria located in Busan Northern-gu C to the direction of the new compromise from the direction of the Plsan Elementary School.

Since there is a central line to be designated as a child protection zone, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the entire condition of driving of a motorcycle.

Nevertheless, the Defendant neglected this and got the E (nine years of age) that was crossing the left-hand side from the right-hand side of the running direction of the Defendant’s vehicle by neglecting it.

Ultimately, the Defendant suffered injury to the victim, such as brain injury, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident by Defendant and F;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Sentencing (Determination of the type of punishment) where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of sentence of recommendation) (the scope of sentence of punishment), August 1 to June 1;

2. Determination of sentence: Eight months of imprisonment without prison labor;

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