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(영문) 대전지방법원 천안지원 2017.01.12 2016고단1993
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a C-A-hurd motor vehicle.

On January 3, 2016, the Defendant driven the above vehicle around 13:30, and proceeded at a speed of about 21km/h/h in the direction of the city in the direction of the laundry at the entrance of an elementary school, which is in front of an elementary school in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Since its location is a road designated as a children's protection zone, it has the duty of care to prevent accidents, such as safe driving, etc., while paying attention to safety of children, in such cases, a person engaged in driving a motor vehicle has been engaged in driving duty.

Nevertheless, the defendant neglected his duty of care and did not discover the victim D (five years of age) who was walking on the right side of the defendant due to negligence that the defendant neglected his duty of care, and did not discover the victim D (five years of age). The victim's bridge was shocked with the front wheeler part of the above Aburged vehicle with the front wheeler part, and exceeded the ground floor.

Ultimately, the Defendant suffered from the above victim’s injury due to the above occupational negligence, i.e., the flab and fiula closed pulmonary framework (Fracture) of light flaba and fiula, which require treatment for about 122 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Each statement of the occurrence status of the F and G traffic accidents;

1. (1) Each entry into the actual survey report and the report on the occurrence of a traffic accident;

1. Description of the written diagnosis of injury;

1. Application of video Acts and subordinate statutes to photographs of the skin vehicle and the place of accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant was guilty of violating his duty to drive while paying attention to the safety of children in the child protection zone.

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