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(영문) 수원지방법원 안산지원 2020.01.09 2019고단4052

교통사고처리특례법위반(치상)

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 who is engaged in driving service of a low-income vehicle in B.

At around 20:55 on June 7, 2019, the Defendant driven the above vehicle, and made the front road C of the Jung-gu in Ansan City to turn to the left at an uneasible speed above the left at the right-hand turn from the front side of the maintenance complex shooting distance.

The location is an intersection where signal lights are installed, and there is a crosswalk where signal lights are installed at the entrance of the intersection to proceed, so in such a case, there was a duty of care to reduce speed to a person engaged in driving service and to check whether there is a person driving on the road safely and to check whether there is a person driving on the road in accordance with the signals.

Nevertheless, the driver neglected this and found the victim D (7 years old) who was moving to the right side from the left side by the crosswalk at the crosswalk at the entrance of the intersection at the right side when the vehicle signal was turned to the left, while the driver neglected it, and found it late, but failed to avoid the situation, and caused the victim's right side to go beyond the floor after receiving the front side of the vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of medical treatment, i.e., the right side of abandonment, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to medical certificates, traffic accident actual investigation reports, and traffic accident occurrence reports;

1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (the consideration, such as agreed with the injured party, reflection of the sentence, etc.);

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;