교통사고처리특례법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
At around 15:50 on June 28, 2015, the Defendant, who is engaged in driving a ecub car B, driven the said car and proceeded at a speed of about 80 km from the south-dong direction to the C, depending on the two lanes in front of the D cafeteria located in the Busan Suwon-gu C.
The above place is a road installed along the luminous bathing beach sea, which is a road with a large width of pedestrian crossing, and is a road with a restricted speed of 60km per hour.
At the time, crosswalks were installed on the front of the defendant's running direction, and on the opposite lane, many vehicles stopped due to the fixed body, and it was difficult to confirm whether there is a person crossing the road from the opposite side because the parked vehicle stops.
In this case, the defendant engaged in driving of a motor vehicle has a duty of care to reduce speed, drive the motor vehicle safely while driving the motor vehicle, and temporarily stop in front of the crosswalk in order to temporarily stop in front of the crosswalk, and the driver has a duty of care to safely cross the crosswalk and proceed.
그럼에도 불구하고, 피고인은 이러한 의무에 위반한 채 일시정지 하지 않고, 진행하던 속도 그대로 위 횡단보도를 진행한 업무상 과실로 마침 반대편 차로로부터 위 횡단보도를 보행하던 피해자 E(7세)을 위 승용차의 앞부분으로 들이받고, 피해자로 하여금 그 충격으로 튕겨져 나가면서 반대편 차로에 정차해 있던 F 아반떼 승용차에 부딪친 후 도로에 전도되게 하여 피해자에게 약 10주간의 치료를 요하는 ‘외상성 뇌경막하 출혈상’ 등의 상해를 입게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of traffic accidents in G preparation;
1. Each traffic accident report and actual condition investigation report and the occurrence of a traffic accident;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;