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(영문) 대구지방법원 2017.04.27 2017고정316
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in Bsch Rex ES350 as a duty.

On December 12, 2016, the Defendant driven the said car at around 08:35, and led the front door of the Daegu High School, Daegu High School, Daegu High School, 3067, to go straight ahead of it, from the Hats Apartment apartment on the side of the city of the city, to the balthm.

At that time, there is a crosswalk without any signal, etc. to the children protection zone, and in such cases, vehicles passing through the children protection zone shall observe the traffic speed designated by the mayor, etc. and pay attention to safety of children. When pedestrians pass the crosswalk, they have the duty of care to temporarily stop in front of the crosswalk in order not to obstruct the passage of pedestrians or endanger them.

Nevertheless, the Defendant, without paying attention to the safety of children, immediately proceeded with as is, found the victim C (Woo, 7 years old) crossing the crosswalk from the left side of the running direction of the said car to the right side of the crosswalk, and had the victim go beyond the road due to the shock of the said vehicle by taking the victim as part of the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as the following and the pelvise in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A medical certificate;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, photographs of the scene of accident, and actual condition investigation report;

1. Relevant legal provisions of the relevant criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2), Articles 6 and 11 of the proviso, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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