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(영문) 대전지방법원 2019.07.18 2019고단1880
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant was driving a B B B B as a business, and proceeds from D High School from the right side of the Sejong-si Go apartment zone in accordance with the second two-lanes of the three-lane road in front of the Sejong-si, Sejong-si, the Defendant suffered from the injury of the victim E (10 years old) of the victim E (the victim) who was standing on the left side from the right side of the road along the pedestrian signal by the Defendant’s walking signal without giving a speed to the children protection zone, even though the crosswalk was installed as a children protection zone, at the time, the crosswalk was not at a speed, and the vehicle stop signal was not well frighted in contravention of the vehicle stop signal, thereby moving the crosswalk in front of the Defendant’s vehicle to the right side and leaving the victim beyond the bottom for about five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A traffic accident report, a survey report, and an accident site photograph;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [type 1] the injury [special person] of a traffic accident, the element of mitigation: In cases where there is considerable negligence on the occurrence of a traffic accident or the expansion of damage to the victim as well as the occurrence of a traffic accident (including serious efforts to recover damage) and where there is substantial fault for the occurrence of a traffic accident or the expansion of damage, an aggravated element: In cases where the illegality in the proviso (excluding the cases falling under two or more provisos) of Article 3 (2) (excluding the cases falling under two or more provisos) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of recommendations and recommendations

3. Determination of sentence: The defendant's negligence in relation to the traffic accident of this case is not less severe than four months of imprisonment without prison labor, one year of suspended execution, and 40 hours of education.

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