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(영문) 의정부지방법원 2014.12.23 2014고단3759
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

At around 08:10 on May 26, 2014, the Defendant driven a Done Star car and proceeded at the front side of the F Child Care Center in E at his/her own city with the speed from G Taekwondo to Hmat.

At the same time, there is a mark prohibiting entry in the defendant's direction, so the driver of the motor vehicle is prohibited from entering the motor vehicle according to the mark, and there was a duty of care to properly manipulate the boom and the steering gear and prevent the accident in advance.

However, the Defendant neglected the above duty of care, neglected the above entry prohibition sign and stopped in the above F F Child Care Center by entering the above road, and stopped in the above F Child Care Center. After getting off and departing from the children of the child care center, the Defendant was faced with the victim I (I), who was able to enter the above child care center through the front direction of the course of the said vehicle, with the right side side of the victim I (I, I, 2 years old) in front of the driver's seat.

The Defendant suffered injury to the victim by occupational negligence, such as the withdrawal from the hospital, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, on-site, and photographs of accident vehicles;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] Class 1 (Death or Injury resulting from Traffic Accidents) of the General Traffic Accidents: Reduction element [Determination of the area of recommendation] [Determination of the victim's parents] Reduction element] [Determination of the area of recommendation] Reduction element / [Determination of the area of recommendation] one month to six months [general person] / Relief Measures after Accidents, Motor Vehicle Comprehensive Insurance Policy, material reflectrity - Aggravation element of aggravation: Violation of the sign of prohibition of entry [Determination of the sentence] 6 months;

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