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(영문) 대전지방법원 2019.08.29 2019고정435

교통사고처리특례법위반(치상)

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

The defendant is a person who is engaged in driving a Switzerland car.

On September 14, 2018, the defendant driving the above car around 15:55, and continued to drive it in front of the D kindergarten in Sejong Special Self-Governing City C.

At all times, the traffic speed is limited to not more than 20 km per hour, and children are in the vicinity of the crosswalk, and there is a danger that children will spons themselves, and other automobiles are stopped in front of the defendant's driving direction, so in such a case, there was a duty of care to prevent accidents by accurately operating the steering gear and brakes, especially in consideration of children's safety.

The Defendant neglected to do so and negligently got the victim E (the 12-year old) who has set up a road on the right side from the left side of the car driving direction of the Marined Defendant to the right side of the car driving direction.

The Defendant suffered by such negligence the injury, such as the complete escape from the left-hand side, which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, and capsizing children's protection zone signboards to attach photographs, investigation reports (attached medical certificates for the submission of victims) and investigation reports;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and (11) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of and punishment for punishment

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant shall drive the vehicle while paying attention to the safety of the child in the child protection zone provided for in Article 12(3) of the Road Traffic Act.