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(영문) 광주지방법원 2015.10.15 2015고단1828

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving C rocketing or a car.

On April 21, 2015, at around 08:20 on April 21, 2015, the Defendant driven the front road of the E-cafeteria located in Gwangju Mine-gu, at the speed of the US, according to one lane from the New Apartment to the New Chang Middle School.

Since a road is designated as a child protection zone by a competent authority as it is deemed necessary to protect children from the danger of traffic accidents, a person engaged in driving a motor vehicle has the duty of care to safely proceed with the safety of children, such as checking whether there is a child, by maintaining the speed of restriction on traffic at the same time, and thereby preventing accidents.

Nevertheless, the defendant neglected the duty of traffic in the protection zone of children and neglected to stop the road to the right-hand side from the left-hand side of the course due to the negligence of going against the duty of traffic in the protection zone of children, and found the victim F (12 years old) late to stop, but did not avoid, but did not stop to the right-hand side of the victim.

As a result, the victim suffered a bruption of the right-side officer who needs to be treated for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) and Article 3 (2) 11 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, and

1. While the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are serious injury to the victim, the defendant's vehicle can be covered by the comprehensive automobile insurance and substantial amount of damage recovery can be achieved, the defendant has not been subject to any criminal punishment prior to this time, and the defendant does not want the victim's punishment by agreement with the victim.