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(영문) 수원지방법원 2016.03.31 2016고정165

교통사고처리특례법위반

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

The defendant is a person who is engaged in driving of a low-priced vehicle B.

On November 5, 2015, the Defendant driving the above vehicle at a speed of 14:02, and driving the D three-lanes located in the Heung-gu, Young-gu, Young-si, G in the air-lanes, and driving at an irregular speed according to three-lanes among three-lanes in the air-lanes of the middle school.

Since there is an intersection in which signal lights are installed as a child protection zone, there was a duty of care to observe the signal by checking well the right and the right of the driver and the right and the right of the driver of the motor vehicle and to prevent the accident in advance by driving the motor vehicle while paying attention to the safety of children.

Nevertheless, the Defendant neglected this and failed to discover the victim E (7 years, south) who dried the crosswalk in accordance with the pedestrian name from the right side of the above vehicle to the left side of the road due to the fact that the above vehicle's direction signal, etc. was changed to yellow fire, and the Defendant was left side of the victim's left side by not discovering the victim E (7 years, south) from the right side of the above vehicle.

Defendant 1 suffered from the Plaintiff’s occupational negligence on the top of the left-hand body part requiring approximately six weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. On-site photographs and images of the scene of the accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, 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, the selection of fines, Article 268 of the Criminal Act, concerning criminal facts;

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

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