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(영문) 대전지방법원 천안지원 2018.06.15 2017고단2918
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle with Cknife.

On September 20, 2017, the Defendant driven the above vehicle on September 16:15, 2017, and proceeded at a speed of about 20 km in speed from the front of the north-gu Incheon apartment road to the front of the 11.68 square meters per north-gu, Seo-gu, Seo-gu, Seo-gu to the front of the 11.68 square meters, and the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road, and was designated as a children protection zone. In such a case, the road at which the driver of the motor vehicle was designated as a

At the same time, there was a duty of care to prevent accidents in advance and operate as a means of care for safety of children when the safety of children is conducted, as well as to check and proceed with the safety of children.

Nevertheless, the defendant neglected this and continued to proceed at the same speed, and did not avoid the victim D (11) who passed the crosswalk from the right side to the left side, and received the victim's bridge part in front of the right side of the driver's vehicle.

Defendant 1 suffered injury to the victim due to such occupational negligence, such as the pelvis and the damage to the upper pelvis growth plate, which requires approximately eight weeks medical treatment for the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; the proviso to Article 3 (2) 6 and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; and the selection of imprisonment without

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the school bus on which the victim was aboard was stopped in front of the crosswalk installed in the children protection zone, but the defendant did not temporarily stop and proceed without confirming it.

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