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(영문) 수원지방법원 2015.06.10 2015고단1639
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

On March 21, 2015, the Defendant driven a Grand Ireland B as of March 11, 2015, and turned the first road in front of the 933-dong, Seosung-si, 200, Seosung-si, 33-dong, Seosung-si, the 1st century into the Simpherical 20 km in the right direction of the Geumsung Pung-si, the 1st century.

Since there are children protection zones and crosswalks where signal lights are installed, in such cases, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the way to see well the right and the right of the driver of the motor vehicle by paying attention to the safety of children, and to prevent the accident by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to gather documents on the auxiliary stone and found the victim C (n, 9 years old) who gets on the right side of the Defendant’s moving along the bicycle at the right side of the direction of the operation, and operated the brake system, but did not avoid it, and had the victim use it on the road by taking the front part of the front wheeler of the above vehicle.

Ultimately, the Defendant caused the injury to the victim, such as the mouth of the Alley Group, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommending sentence] and the basic area (4 to 10 months) of the Act on the Suspension of Execution (special mitigation) [the person who is subject to punishment] / In case where illegality in the proviso of Article 3(2) of the Act on the Suspension of Execution is serious (the decision of sentencing]. The signal is sent.

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