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(영문) 부산지방법원 2015.07.14 2015고단1576
교통사고처리특례법위반
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

The defendant is a person who drives a Dangerous Car owned by the defendant.

On February 4, 2015, the Defendant was driving the above vehicle as a service on February 18:28, 2015, and led to the progress of the road without the front lane of 101 for two-use apartments located in the Y apartment zone in Geumcheon-gu, Busan.

It is a child protection zone designated in accordance with the Road Traffic Act.

In such a case, drivers have the duty to drive in mind the children's safety while keeping in mind the right and the right of the front and the right in mind.

Nevertheless, the defendant's failure to protect children's safety in the child protection zone and caused the victim E (seven years of age) who crosses the right from the left side of the running vehicle to the left side of the driving vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered approximately ten weeks of medical treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A traffic accident report, capture of video data at the time of the traffic accident, photographs of the scene of the accident and photographs around the site;

1. Application of Acts and subordinate statutes to investigation reports (investigation as to whether children are protected at the accident site);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1)(Article 62(1)(Article 62(1)(Article 62)(Article 62(1)(Article 62(1)(Article 62(1) of the Act on the Suspension of Execution [Article 62(1)(Article 62(1)(Article 62(1)(Article 6 of the Act on the Punishment of Traffic Accidents:

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