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(영문) 울산지방법원 2014.08.26 2014고정1163

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has driven a rocketing car.

On December 13, 2013, at around 13:00, the Defendant made a left turn to the left-hand turn on the road for the children protection zone of the front school located in the name village of Ulsan-gu, Ulsan-gu, Ulsan-gu from the front right-hand side of the Plunriwon apartment, the first right-handly from the front right-hand side of the Plunriwon apartment.

Since the place is located in a children's protection zone and crosswalk, in such cases, the driver of the vehicle shall drive the vehicle while paying attention to the safety of children, and when the pedestrian passes the crosswalk, the driver has the duty of care to temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian or endanger the accident.

Nevertheless, the Defendant neglected to turn to the left and got a victim C (seven years of age) who opened the crosswalk to the right side of the right side of the direction of the proceeding.

As a result, the Defendant suffered injury to the victim, such as the left side of the ship, salt, etc., which requires medical treatment for about 10 days due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and D;

1. A traffic accident occurrence report;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3(1) and proviso of Article 3(2)6 and Article 3(1)11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts and Special Cases concerning the Selection of Punishment Sentence appears to be “ Subparagraph 1” as stated in the indictment. Since it appears that there is no impediment to guaranteeing the defendant’s right to defense, it shall be corrected ex officio.

1. Articles 70 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;