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(영문) 부산지방법원 동부지원 2019.06.19 2019고정131

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Bmerp car.

On November 3, 2018, the defendant driving the above car at around 12:00, and driving the above car at a speed of about 30 km in speed among two lanes, toward the direction of the apartment road in front of the Down-gun, Busan-gun C, to the direction of the E apartment at a distance of about 30 km.

In the vicinity of this, there are frequent traffic of ordinary children in kindergartens and elementary schools, so it is a place designated as a children protection zone for the safety of children.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim F(7 years of age, 00) who cross the crosswalk from the right side to the left side was immediately found, and was able to avoid this.

However, the victim was shocked to the ground without being faced by the defendant's vehicle's right-hand side and adjacent parts.

As a result, the defendant suffered from the above victim F's negligence in the course of business to receive approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, internal investigation report (verification of the accident site and attachment of photographs), investigation report (Attachment of a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;