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(영문) 서울중앙지방법원 2013.10.25 2013고단4025
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

Around 17:03 on April 16, 2013, the Defendant was driving a Lone Star Co., Ltd. and was going to the front side of the Gu Steering Center located in 77-1, Dong, Dongjak-gu, Dongjak-gu, Seoul, for a children protection zone, and the location is a child protection zone. Therefore, despite the duty of care to ensure the safety of children, the Defendant did not find the victim D (4) who was coming to the road before the Mail Child Care Center and went to the front right part of the passenger car driving by the Defendant, and went to the road, and the body of the victim was turned to the front right part of the Manex, and divided the body of the victim into the front right side part of the Manex, and the victim was divided into the back wheels part, and the victim was in an emergency room in Dongjak-gu, Seoul. 180 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to G and H;

1. Entry of a traffic accident report;

1. Statement of a written diagnosis of death;

1. Application of each of the visual Acts and subordinate statutes to field photographs and vehicle photographs;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crime group, general traffic accidents, and death of traffic accidents (type 2] (Scope of the recommended sentence] by imprisonment without prison labor for August - One year and six months;

2. In this case, a sentence of sentence is rendered: (a) the defendant shocked the victim under the age of four who was at the child-care center and caused his death; (b) the result of traffic accidents is very harsh; and (c) the location of the accident is the child protection zone, even considering the circumstances in which the victim was coming to his/her own road.

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