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(영문) 서울중앙지방법원 2013.09.27 2013고단3387

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing individual taxi.

On June 4, 2013, at around 17:05, the Defendant, at the entrance of the Seongbuk-gu Seoul Metropolitan Government heading-dong, proceeded at approximately 20-30 km from the side of the river route to the east side of the road of Do, which is a child protection zone, prior to the entrance of the Seongbuk-gu heading Seoul Metropolitan Government heading-dong market.

There are frequent places where children walk in a children's protection zone. In such a case, the driver of a motor vehicle has a duty of care to drive the motor vehicle safely while driving the motor vehicle with a view to the safety of children, as children are able to cross the road at any time.

Nevertheless, the defendant neglected this and neglected the duty of care on the front side and the left side, and caused the victim C (10 years of age) who crosses the road to the right side from the left side of the defendant's running direction to the front part of the taxi driving by the defendant.

As a result, the Defendant suffered injury to the victim, such as light save-hours to the right-hand side and saves to the non-savesary executives, which require approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2);

1. Blue boxes and video CDs;

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

1. The reason for sentencing under Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the decision of type] and Article 268 of the Criminal Act [the scope of punishment by recommendation] No person injured by a traffic accident or a traffic accident (type 1] [the scope of punishment by recommendation] [the scope of imprisonment without prison labor] April - 10 (basic area]] the defendant suffered an injury by causing a traffic accident while running a child protection zone in the vicinity of an elementary school, the victim's degree of injury is significant, and the victim's failure to reach an agreement with the victim, and thus, the crime is not less exceptionally punished.