beta
(영문) 부산지방법원 2015.03.26 2014고정4186

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 24, 2014, the Defendant, without obtaining a driver's license, driven a C-A-car on June 14, 2014, led to the driving of the C-A-car in the direction of a multi-section from a new bank.

Since a road designated as a children's protection zone has a traffic signal crosswalk installed, the driver has a duty of care to check whether there is a pedestrian by observing the signal while reducing the speed of the pedestrian while keeping the signal and by properly examining the right and the right and the right of the pedestrian, and to ensure the safety of the child.

Nevertheless, the Defendant neglected to do so and caused injury to the victim D (the 9-year old) by negligence, which shocks the victim crossing the crosswalk to the left side of the front left side of the back side of the household-going vehicle, such as light dynasiums, and gynasiums, both gynasiums, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate (D);

1. A survey report on the actual condition of a traffic accident, the scene of a traffic accident, and photographs of harming vehicles;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1), Article 3 (2) (proviso) 1, 6, 7, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;