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(영문) 인천지방법원 2015.01.30 2014고정4143

교통사고처리특례법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a driver of a vehicle B I40.

On May 10, 2014, at around 10:55, the Defendant was going to proceed bypassing from 524-3 Drown-dong, Seo-gu, Incheon, Seo-gu to the right side of the front door.

Since this is designated as a child protection zone, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the recipient vehicle by negligence and received the parts of the bicycle front raft boarding by the victim C (V, 5 years old).

Ultimately, the Defendant caused the injury to the victim by occupational negligence, which requires approximately four weeks of medical treatment. As a result, the Defendant caused the injury to the victim of the “alleys to the end of the 1, 2 pelle adjacent to the pelle of the pelle.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs and management cards of children protection zones;

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

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2007Da14448, Apr. 2, 2007) that a bicycle on the part of the defendant's vehicle was faced by