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(영문) 서울중앙지방법원 2020.03.23 2019고단8424
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the operation of village buses B.

On September 20, 2019, the Defendant driving the village bus at around 08:35, and proceeding one lane in the vicinity of the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government “D” as “E building” on the surface of the “D,” and the Defendant, despite the fact that the Defendant was designated as a child protection zone and the driver was obliged to take necessary measures, and there was a duty of care to drive with due care to ensure the safety of children, the Defendant neglected to do so and caused the injury to the victim F, who was crossing the road to the right-hand side from the left-hand side of the said village bus by negligence, while neglecting the duty of care to ensure the safety of children.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and motion picture images of vehicles that are displayed at the time of the accident;

1. A traffic accident report;

1. Blue vehicle records and video CDs;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a written diagnosis for eight weeks for a victim);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment,

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

1. Although there are extenuating circumstances against the defendant, such as the fact that the degree of injury suffered by the victim for the reason of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order is serious, the defendant's mistake and reflects his own fault as the primary offender, the defendant's violation at the time of the accident in this case does not seem to have been observed, the victim's negligence may be deemed to have contributed to the occurrence of the accident in this case and the expansion of damage between the parked vehicles, and the above village bus is covered by the comprehensive automobile insurance and the victim's insurance money equivalent to the medical expenses is continuously paid.

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