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(영문) 광주지방법원 순천지원 2018.08.06 2018고단977
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On March 8, 2018, the Defendant driven the above vehicle around 17:20 on March 8, 2018, and proceeded at a speed of about 33.7 km at a speed of 33.7 km from the area of the public bus terminal to the area of the Doyang-Eup office.

The place is a protective zone for children in front of an elementary school and a crosswalk with no signal, etc., and the driver of a motor vehicle was obliged to pay attention to the safety of children in order to prevent accidents in advance, such as reducing speed to up to 30 km per hour, and checking whether pedestrians walk the crosswalk.

Nevertheless, the defendant neglected this and proceeded at a speed of about 33.7km in speed, and the defendant left the crosswalk from the right side of the front side of the defendant to the left side of the victim D(W, age 8).

Ultimately, the Defendant suffered injury to the victim, such as an annual organization loss on the left-hand side, which requires about 10 weeks medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is serious to the degree of injury of the victim, and the fact that the location of the accident is the crosswalk in the children protection zone is disadvantageous to the defendant.

However, since the vehicle parked on the side, it seems that the view of the defendant seems to have been considerably limited due to the vehicle parked on the side, there is no criminal conviction for the defendant, and there is no criminal conviction for the defendant, and the defendant agrees with the victim, and other matters such as the age, sex, family relationship, environment and crime of the defendant.

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