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(영문) 수원지방법원 여주지원 2016.09.07 2016고단730
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a wing-off cargo vehicle B.

On May 4, 2016, around 15:10, the Defendant proceeded at a speed of about 20 to 30 km from the direction of the city, along with a road of about 33-1 lanes in front of the Hocheon-si, the head of Dong-si, the head of Eup, the head of Dong-gu, the head of Dong-gu, and the head of the Eup.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by means of temporary stop in front of the crosswalk, etc. when a person passes the crosswalk while paying attention to the safety of children. In such a case, a person engaged in driving service has a duty of care to prevent accidents, such as temporary stop in front of the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim C (n, six years of age) who passed the above crosswalk from the left side to the right side, and went over the ground after taking the front part of the above cargo vehicle, and followed the victim's body with the front right side part.

Ultimately, the Defendant caused the above victim by negligence in the course of business to suffer injury, such as cutting down the left-hand bed and down, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. C's statement of a traffic accident-related person;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is the basic area (including special mitigation) (4-1) of the type of traffic accident, the basic area (4-1) of the Act on the Suspension of Execution (including voluntary mitigation) / The illegality in Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases concerning School Traffic, or the case where illegality is serious.

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