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(영문) 광주지방법원 2018.03.20 2018고정76
교통사고처리특례법위반(치상)
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 CP car.

On October 23, 2017, around 05:22, the Defendant proceeded at a speed of approximately 51.8km/h, using one lane from the west-gu, Gwangju, the Myeongnam-ro, 32 U.S., the first apartment road at the west-gu, the west-ro, the west-ro, the west-ro, the west-gu, the west-ro, the west-ro, the west-gu, the west-ro.

At this point, it is a children protection zone designated as a section with a speed of 30 km or less, and the entrance of apartment house was anticipated to cross.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving such as checking the right and the right and the right and the right and the right and the right and the right and the right and right and the right and duty

Nevertheless, the Defendant neglected the speed of 21.8km at a speed of approximately 51.8km/h above that of the front right of the vehicle driven by the Defendant, and faced the victim D (54 cm) and E (44 years old) who cross the road to the right side from the front right of the vehicle driven by the Defendant to the right side of the vehicle.

As a result, the Defendant suffered damages, etc. to the victim D, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence, from the victim E, where there are no two open measures requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation;

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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (it shall not be deemed that there is no exemption from the observance of speed in children protection zones at night)

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