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(영문) 수원지방법원 평택지원 2016.07.07 2016고단829
교통사고처리특례법위반
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

The defendant is a person who is engaged in driving a rocketing car.

On March 20, 2016, the Defendant driven the above car on March 15:38, 2016, and 274, the front letter of the coal box in front of the elementary school, letter 274, from the front letter of Pyeongtaek-si, was driven at about 30 km each hour at the right angle of the police box in front of the elementary school.

At this point, there was a duty of care to prevent accidents in advance, such as identifying whether a person engaged in driving of a motor vehicle as a child protection zone has a child who is walking in a way that reduces speed and well sees the right and the right before and after.

Nevertheless, the defendant neglected this and found the victim C (at the age of 11) who walked on the left side from the right side of the proceeding direction to the left side of the vehicle and did not move to the victim with the front wheels of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the body body body felg and the body body felg, which require approximately 16 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

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

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

1. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommended sentencing guidelines of applicable O: consideration of all the circumstances, including the fact that there is no record of crime in the mitigated area (from January to August) of the type of general traffic accident and the fact that the injured does not want the punishment of the accused;

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