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(영문) 광주지방법원 2015.08.18 2015고정1039

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

The defendant is a person who drives B's low-income motor vehicle.

On May 15, 2015, the Defendant driven the said vehicle as his business around 15:05, while driving the said vehicle, and proceeded along with one way from the direction of the Dongbu District Office of Education to the Dongbu District Office of Education by gathering the distance without front signal, etc. in Gwangju Northern-gu C.

Since its location is a road designated as a children protection zone, a driver of a motor vehicle has the duty of care to prevent accidents by safely operating the motor vehicle while paying attention to the safety of children by checking whether or not there is a child, etc., by complying with the speed of restriction on traffic as a person engaged in driving the motor vehicle, and by checking whether or not there is a child.

Nevertheless, the defendant neglected the duty to pass through the child protection zone due to the negligence that he proceeded in violation of the duty to pass through the child protection zone, and found the victim E (E) to the right side from the left side of the direction of the proceeding late to find out the passage of the bicycle, and stopped the bicycle immediately, but did not avoid, and did not stop the bicycle, the front wheel part of the bicycle getting out of the victim.

As a result, the victim suffered a high-level salt level in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F in written statement of victim;

1. Each traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) and Article 3 (2) 11 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, and

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