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(영문) 인천지방법원 2016.10.05 2016고단3387
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 Crain cars.

On April 17, 2016, the Defendant driven the above car on April 12:57, 2016, and led the roads in front of the Incheon Southern-gu, Incheon to go about about 10km in speed from the Asian stem village to the e-mail of the e-mail.

Since there is a place designated as a children protection area, a driver of a motor vehicle has a duty of care to comply with necessary measures, such as making a person engaged in driving a motor vehicle well sees the right and the right, operating steering devices and brakes accurately, and to prevent accidents by driving a motor vehicle with due care for the safety of children.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and steering system, and did not drive the steering gear and steering system on the right side of the child, and received the victim E (the fourth-year-year-old) who opened the way from the right side to the left side of the pertinent radar car.

As a result, the Defendant suffered injury to the victim, such as a ductating and closing a ductal, which requires approximately 18 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A photograph of the accident site and a survey report on the actual condition;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is very serious damage to the victim, and the fact that the accident site is a child protection zone, and the victim entering the vehicle with his/her own seat in the front door was also aware of the victim.

However, the defendant is the first offender, and the occurrence of the traffic accident in this case is between parked vehicles.

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