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(영문) 대구지방법원 2015.11.12 2015고단4770
교통사고처리특례법위반
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 engaging in driving a rocketing taxi.

On August 31, 2015, the Defendant driven the above vehicle on the 17:05th day of August 31, 2015, and led to a road of one lane in front of the New Flag Sports Park in Daegu-gu, Daegu-dong, to the New Flag Middle School from the direction of half-way.

At all times, there are children's protection zones where children's protection signs are installed, and vehicles have stopped on the opposite lane, so in such a case, there was a duty of care to reduce speed to those engaged in driving of motor vehicles, to live well on the right and the right of the road, and to drive motor vehicles with due care to the safety of children.

Nevertheless, the Defendant neglected to do so and found the victim C (hereinafter referred to as 10 years of age) who was set up in the right opposite to the direction of the Defendant’s proceeding due to the negligence of leaving the vehicle on the opposite side of the direction of the Defendant’s proceeding late, and immediately operated the vehicle, but did not avoid this, the Defendant was able to go beyond the road by receiving the part of the victim’s plle in front of the said vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as the closure of the drilling, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual survey (1, 2);

1. A medical certificate;

1. An accident scene photograph;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant accident in violation of his duty to drive, while paying attention to the safety of children in child protection zones, and thereby, the victim's injury is more serious.

However, the defendant is between the vehicles standing.

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