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(영문) 대구지방법원 김천지원 2017.08.30 2017고단769
교통사고처리특례법위반(치상)
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 of fixed cargo C.

On May 19, 2017, the Defendant driven the above cargo vehicle at around 18:15, and proceeded with the first lane in front of the “E” located in the Gu and U.S.C. D from the Gu and U.S. roads to the Gu and U.S. roads.

Since a crosswalk and a sign of a children's protection zone are installed, the driver of the motor vehicle has a duty of care to reduce the speed for the person engaged in driving the motor vehicle, to take the front door and the left door well, to confirm whether there is a person, and to safely drive the pedestrian by taking care of the safety of children.

Nevertheless, the defendant neglected to do so and went back to the right side of the cargo vehicle, and received the body of the victim F (10 years old) who returned to the right side from the defendant's left side of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the frameworks at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately eight weeks of medical treatment, and damage to the 2th type growth plate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Reports on the occurrence of a traffic accident, on-site photographs, actual condition survey reports and photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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, and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents No. 1 (Bodily Injury resulting from Traffic Accidents) (In April to October) in the basic area (special mitigation) [the person subject to special mitigation] / In the case where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Teaching Staff (the decision of sentence] 6 months in imprisonment without prison labor], and one year in the suspended sentence, the defendant was a child who dried the crosswalk due to his/her failure to perform his/her duty of care while driving his/her vehicle in a child protection zone.

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