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(영문) 서울북부지방법원 2013.11.28 2013고정1656
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a person driving a CUP car on April 13, 2013, driving the said car on April 12:45, 2013, and driving the car on April 13, 2013 to the direction of Hancheon-ro 59-ro, Gangnam-gu, Seoul, Hancheon-ro, 109-ro.

On the road without a vehicle line, it was made bypass at a speed of 5 km.

At the time, the crosswalk is installed and the child protection zone begins, so the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see it well, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim D(7 years of age) from the right side of the Defendant’s vehicle to the left side due to the negligence of bypassing it, and did not get the victim's body back to the ground.

As a result, the Defendant suffered from occupational negligence the injury requiring two-day medical treatment, such as knee knee knee knee, knee knee knee knee, etc.

Summary of Evidence

1. Each legal statement of witness E, F, G, and H;

1. Each police officer's statement of G, F, E, and H;

1. E statements;

1. A report on investigation (fore, 30 pages of investigation records);

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident vehicles and field photographs;

1. Article 3 (1), the proviso to Article 3 (2) 6 and Article 3 (1), Article 3 (2) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Fine) concerning facts constituting an offense;

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

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

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