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(영문) 의정부지방법원 2020.11.12 2020고정808
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On February 29, 2020, the Defendant driven the above car at around 19:20 on February 29, 2020, and turn to the left at a low speed depending on the crosssection between D and E-section 3 lanes.

It is designated to protect children from the danger of traffic accidents and a place where signal apparatus and crosswalk are installed. Therefore, the driver of the motor vehicle has a duty of care to take care of signal apparatus and safely drive the motor vehicle according to its signals, while the driver of the motor vehicle has a duty of care to drive the motor vehicle in a manner that does not interfere with the traffic if there is any person who gets a crosswalk by checking well the right and the right and the right of the front side.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the crosswalk as it is in contravention of the vehicle stop signal, and thereby, received from the right side of the course to the left side of the crosswalk, the Victim F (10 years of age) as the child who has a crosswalk in accordance with the pedestrian signals, from the right side of the crosswalk to the right side of the above car.

In the end, the defendant suffered from the above occupational negligence that requires a victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the victim's statement of traffic accident (Preparation by the victim's mother) by a witness G's written diagnosis of a traffic accident report (the actual survey report) per CD;

1. Article 3 (1) and the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 (1) 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;

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