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(영문) 대구지방법원 김천지원 2018.12.20 2018고단942
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2018, the Defendant driven a B Poter II cargo vehicle around 11:20, and led to a three-way long distance in front of the North Korean Housing in the Yellow Sea in the Yellow Sea in the Yellow Sea as the same side of the human body from the Yellow Sea in the Yellow Sea.

Since there is an intersection where signal lights and crosswalks are installed and a road designated as a child protection zone, the driver of the motor vehicle has a duty of care to prevent accidents, such as driving in accordance with the new code, after checking whether there is a person who gets on the crosswalk, while paying attention to the safety of children, by reducing speed for the driver of the motor vehicle and properly examining the right and the right of the driver of the motor vehicle.

Nevertheless, despite the fact that the Defendant neglected this and neglected to use a red signal, the Defendant received the victim C (the 8 years old, 8 years old), D (the 8 years old, 8 years old) and D (the 8 years old, 8 years old) from the right side of the truck of the Defendant, to the left side of the direction of the truck of the Defendant, in front of the truck of the Defendant.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as the mouth of the body of the bridge, accompanied by approximately 12 weeks of non-alleys that require treatment, and the injury to the bridges and other bridges that require approximately 2 weeks of treatment to the victim D, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to E, and statement of F;

1. The actual survey report and on-site photographs;

1. Application of medical certificates (Ma2), medical certificates (Ma3), and statutes;

1. Article 3 (1), proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The person who is in the basic area (from April to one year) of the type No. 1 (the injury caused by traffic accidents) shall be sentenced to a special sentencing range within the scope of the recommendation of the sentencing criteria.

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