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(영문) 서울서부지방법원 2014.09.30 2014고단1543
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a motor vehicle B.

On May 1, 2014, the Defendant driven the above car on May 1, 2014, and driven the road of 601, Sungsan-dong, Mapo-gu, Seoul, at a speed that would not be known to the front of the middle school and the front of the middle school to the front of the middle 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 the duty of care to drive the motor vehicle with due care to ensure the safety of children by properly examining the front left.

Nevertheless, the defendant neglected this and went beyond the road due to the negligence of entering the zone where entry is prohibited, and the defendant's left side of the victim C (three years old) who crosses the left side from the right side of the defendant's proceeding to the left side.

The Defendant suffered injury to the victim, such as a ductal and ductal flas, for about 10 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition of each traffic accident;

1. Application of medical certificates, on-site photographs, investigation reports (verification of children protection zones), and Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 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;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized his mistake; (b) the primary offender; (c) the agreement with the victim; and (d) the circumstances of the instant crime and the circumstances after the instant crime, etc.; and (c) the punishment as set forth in the text shall be determined

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