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(영문) 전주지방법원 남원지원 2014.08.12 2014고단145
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

On April 21, 2014, at around 07:54, the Defendant was engaged in driving of F-1 ton cargo vehicles, and around 63 km from the parallel to the parallel. On April 21, 2014, at around 07:54, the Defendant proceeded one way of speed near the crosswalk in the direction of the N-Saeong-gun, North-gun, North-gun, North-do.

At that time, there was a section that limits the traffic speed to 30 km per hour in children protection zones, so in such a case, a person engaged in driving service has the duty of care to drive with a duty of care to reduce the speed within the limit and pay attention to the safety of children.

Nevertheless, the Defendant discovered the victim G (the 9 years of age) crossing the right side from the left side of the Defendant's course due to his occupational negligence in violation of the above speed limit, and found the victim G (the 9 years of age) to be late, but failed to avoid it, and received the victim as the front part of the above cargo vehicle, thereby causing injury to the victim, such as cutting down the right frame, etc. for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A H statement;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Aggravation of the recommended sentence according to the sentencing guidelines: Traffic crime, general traffic accident, and Type 1 (Bodily Harm resulting from Traffic Accidents): Where illegality in the proviso to Article 3 (2) of the Special School Regulations is serious, the mitigated sentence shall not be imposed (determination of the scope of sentence): April through October of a credit cooperative.

3. The crime of this case, in which the sentence of sentence is determined, is likely to inflict an injury on the victim by negligence while the defendant driven in violation of the speed in the child protection zone, and the nature of the crime

However, this case.

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