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(영문) 수원지방법원 여주지원 2018.04.11 2018고단58
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 December 11, 2017, the Defendant was a person who is engaged in driving a car in B, and driving the said car with a duty of around 15:30 on December 11, 2017, and led to driving the vehicle in front of another elementary school in front of the south Eup/Myeon at the time of a leisure week to drive the vehicle in front of the remaining elementary school in the direction of the heart.

They are children protection zones in elementary schools, and pedestrian crossings are installed in front of elementary schools, so in such cases, they have a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and proceeded along with his negligence, and thereby, received the victim C (9) who crosses the crosswalk installed on the front side of the Defendant from the left side to the right side, as the front part of the car in front of the Switzerland, and caused the victim to suffer the injury of the victim, such as the number of days of treatment, the escape of the infant in front of the vehicle in front of the driver's license and the opening of the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; the proviso to Article 3 (2) 6 and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; and the selection of imprisonment without

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment: One month to five years without prison labor;

2. Where the illegality of the sentence recommended on the sentencing criteria (the scope of the recommended sentence) is serious, or in the case of a climatic driving, in the case of a climatic area (eight months or two years or more) of the aggravated area (excluding the case of a special aggravated person) of Article 3 (2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Case of Motor Vehicle Accidents of Type 1 (Bodily Injury by Traffic Accidents).

3. The duty of care to be exercised in a child protection zone or crosswalk is to protect the safety of the life and body of a person.

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