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(영문) 서울중앙지방법원 2016.11.30 2016고단5537
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On April 22, 2016, the Defendant driven the above car on April 15:37, 2016, and led to the first road in front of the E in Dongjak-gu Seoul Metropolitan Government D to the speed of about 40 km from the right edge to the lower-class childcare center.

The driver has a duty of care to operate safely by accurately operating the steering system, brakes and other devices of the vehicle while paying attention to the safety of children, especially with regard to the safety of children.

Nevertheless, when the defendant neglected this and continued to go beyond the road, the victim F (8 years of age) who crossed the road from the right-hand side of the course to the left-hand side of the defendant's vehicle was shocked to the front part of the vehicle, and the victim's bridge was over the road.

As a result, the Defendant suffered from an injury to the victim during the two-month period of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, such as a medical certificate, accident-related photograph;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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