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(영문) 인천지방법원 부천지원 2013.08.08 2013고단1068

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

On March 13, 2013, the Defendant driven the above car on March 18:30, 2013, and moved the front road of 181-6, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si to the lower court’s lower court’s room of the original elementary school.

The location is not only one-way zone with a mark prohibiting entry from the defendant's running direction, but also children protection zone. In this case, the driver of the motor vehicle should not enter the road above, and the driver of the motor vehicle has a duty of care to drive the motor vehicle with due care in mind of safety of children by properly examining the front left.

Nevertheless, the Defendant neglected this and got into the zone where entry is prohibited, and neglected to enter the zone as it is, and followed by negligence, the right side of the victim D (the age of 8) who is walking.

The Defendant suffered injury to the victim, such as cutting the body of the uppermost body, which requires treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Each photograph;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Selection of Fine: Degree of Negligence or the degree of damage in this case, but the degree of damage in this case is serious, the defendant is divided, the damage is restored to the victim, the victim does not want the punishment of the defendant in consultation with the mother of the victim, and the defendant does not have any criminal record

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;