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(영문) 대전지방법원 공주지원 2016.08.19 2016고단147

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On April 24, 2016, the Defendant driven the above vehicle at the crosswalk in front of the D convenience point located in the Gongju City around 15:25 on April 24, 2016, and was proceeding to the area of the area of the Gongju University, the area of the mountain, the area of the mountain, the area of the mountain, and the area of the mountain.

Since the place is a road with a crosswalk, a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk and protect pedestrians by taking into account the speed and the right and the right and the right of the road.

Nevertheless, the Defendant was negligent in driving the vehicle without such duty of care and received the face side of the victim E (the age of eight) walking the crosswalk from the right side of the Defendant vehicle to the left side of the crosswalk.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence that caused an injury to the victim on the part of the body, tensions, clothes, or left-hand side of the neck, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

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

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, having the same record of sentencing under Article 334(1) of the Criminal Procedure Act, shall choose a fine in consideration of the fact that there is confession, depth, and the degree of injury of the victim is not severe, and that he does not want the punishment.

In this context, the defendant's age, sex, occupation, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.