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(영문) 전주지방법원 군산지원 2016.04.05 2015고단1261
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 11, 2015, the Defendant driven the above car at around 14:40, and proceeded ahead of that elementary school, which is located in the village of the Gunsan City, to the public prosecutor's office from the direction of the winter-type.

At this point, there was a duty of care to drive safely by maintaining the speed of limitation as a children protection zone and paying attention to the safety of children, such as keeping the front door and the left door well, operating the steering wheel and brake system accurately.

Nevertheless, the defendant's negligence of driving the vehicle as it is and caused the victim D (11) who was crossing the road in front of the passenger car of the defendant by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down or closing the bones of fingers, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents and diagnostic certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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