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(영문) 수원지방법원 2015.12.23 2015고정1625

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 7, 2015, at around 09:12, the Defendant: (a) driven a C passenger bus, which is a kindergarten school bus, and stopped in order to have the children of the kindergarten board while driving the road in front of the D apartment settlement of the Yongsan-si Seoul Metropolitan City, from the second three-distance side of Hyundai Home Network; and (b) driving from the middle-distance side of Hyundai Home Network; and

Since there is a place that is designated as a children protection area, there was a duty of care to observe necessary measures and drive a driver while paying attention to the safety of children.

Nevertheless, the Defendant neglected to stop at a designated location without stopping about about 20-30 meters, and continued to go in the designated location, and caused about 10 kindergarten children in the future, and the victim E (Nam and 5 years of age) to fall off from the lane by facing other children in the process, and did not seem to fall off from the lane. The Defendant left the vehicle with the right side of the vehicle driven by the Defendant due to occupational negligence without going through the part of the victim's her her amb, and sustained the victim's injury, such as the cutting off of a multi-drupture, which requires about 8 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The actual condition survey report;

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

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

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, consideration shall be given to the fact that the defendant was not on fault due to an accident caused by violating his/her duty of care as a teacher of school bus in a children protection zone, and that the injured party's legal representative does not want the punishment of the defendant; however, the punishment shall be determined as ordered in consideration