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(영문) 인천지방법원 부천지원 2017.04.14 2017고정193
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 driving a Raba and freight vehicle B.

On November 10, 2016, the Defendant driven the above vehicle around 17:40 on November 10, 2016, and proceeded with the D Mart-do road in the front of the D Mart C in Bupyeong-si, with approximately 20 to 30 km in speed from the opposite elementary school to the opposite high school.

Since there is a crosswalk that is not supported by traffic control, and there is a child protection zone, a person engaged in driving of a motor vehicle has a duty of care to temporarily stop prior to the entry of the crosswalk and check whether there is a child under crossing, and to prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and went beyond the right side of the victim E ( South, 12 years old) who is crossing on the left side of the crosswalk and went beyond the front part of the cargo vehicle due to the Defendant’s driver’s negligence.

As a result, the Defendant suffered injury, such as influence of the wall, after the plebling that requires approximately three weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a actual investigation report, and a statement on the occurrence of a traffic accident;

1. Each written diagnosis;

1. Photographss of on-site, vehicle photographs, and CCTV closures;

1. Application of CCTV backup statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; Article 3(2)6 and 11 of the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal

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

1. Circumstances favorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The recognition of and reflects on the crime, the victim was crossing the road with his/her own own own seat in the blind spot, the agreement with the victim is reached, and the victim has no record of punishment for the same kind of crime: The protection of children is disadvantageous.

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