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(영문) 수원지방법원 안산지원 2020.04.08 2019고단4726
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 the operation of WW125cc 125cc.

At around 21:50 on August 17, 2019, the Defendant driven the above Orabab, and proceeded in the direction of the entrance distance of the C Apartment from the direction of the news article to the direction of the 3rd distance.

At the time, it is night and there is a signal device installed, so in such cases, a person engaged in the driver's duty of care to observe the signal signal indicating the signal apparatus, to pay attention to the safety of children, to temporarily stop or to check the safety of the course, and to proceed.

Nevertheless, the Defendant neglected this and violated the signal apparatus stop signal, and got the victim D (the age of 12) who is going to go to the above crosswalk on the right side of the upper part of the lower part and got the victim above the floor by taking the victim D (the age of 12) who is going to go to the above crosswalk due to negligence in violation of the duty to protect children.

Ultimately, the Defendant suffered injury to the victim, such as the downhilling of two sources, which require a stable price for about four weeks and a tracking of about 12 months, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture is driving in violation of the signal in a children protection zone with reasons for sentencing Article 62-2 of the Criminal Act.

The fact that the victim has been paid a traffic accident on the crosswalk, the fact that the victim suffered serious injuries due to the traffic accident in this case, and the comprehensive motor vehicle insurance is subscribed to and additionally paid a mutual agreement.

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