교통사고처리특례법위반(치상)
Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person engaged in driving a “B” SM5 vehicle volume.
On November 14:15, 2018, the Defendant driven the said vehicle by business, and driven the said vehicle at a speed of about five kilometers in speed from the e apartment to the “F apartment” side of the “E apartment” side of the “D Elementary School” located in the Seo-gu Busan, Seo-gu, Busan.
The location is a crosswalk in which traffic signals, etc. are installed in the front, and it is a children protection zone.
In this case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle, such as by stopping the vehicle in front of the crosswalk, by taking a priority on the road, and by paying attention to the safety of children in the child protection zone.
Nevertheless, the defendant neglected this and proceeded as it is, due to negligence, even though the traffic signal is a red signal which is a stop signal, and the victim G who crosses the right side from the right side of the defendant's direction to the left side in accordance with the pedestrian signals in the front side of the defendant's vehicle.
As a result, the Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. Application of the provisions of Acts and subordinate statutes to a traffic accident report, CCTV closure photograph and diagnostic certificate;
1. Relevant legal provisions concerning facts constituting an offense, and 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 Aggravated Punishment, and Article 268 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;