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(영문) 인천지방법원 2016.06.29 2016고단1365
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 of CKaman vehicle.

피고인은 2016. 3. 3. 18:30 경 인천 부평구 D에 있는 ‘E 식당’ 앞 어린이 보호구역 편도 1 차로 도로를 짬뽕 타임 쪽에서 영선 초등학교 쪽으로 진행하게 되었다.

There are two kinds of vehicles in the direction that is facing children's protection zones, and there is a risk that children will grow rapidly between them, so a person engaged in driving service has a duty of care to pay attention to children's safety and prevent accidents due to operation of the vehicle by lowering speed and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s fault to cross the victim F (F) who cross the Defendant’s right from the left side of the direction to the right side of the driver’s seat of the Defendant’s vehicle, and neglected the Defendant’s victim’s growth.

Ultimately, the Defendant suffered injury to the victim, such as the body felbing, the body felbling, the body felbing, etc., which requires approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on the actual condition, a black fluor photo, and on-site photographs;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A favorable circumstance such as: (a) shocking the victim in the child protection zone due to the sentencing of Article 334(1) of the Criminal Procedure Act; (b) serious damage to the victim; (c) the Defendant is a primary offender; and (d) covered by a comprehensive insurance; and (c) significant concurrences with the victim’s negligence in the occurrence of the instant traffic accident; and (d) agreement is reached with the victim.

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