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(영문) 수원지방법원 2020.05.22 2019고단8004
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On September 20, 2019, the Defendant driven the said car on September 20, 2019, and operated the said two-lane of the two-lane road near D Elementary School in C in the rupture C, and operated the said car along two-lanes from E to the national highways No. 317.

On the other hand, there are an intersection with a signal apparatus installed and a crosswalk connected thereto, so in such a case, there was a duty of care to observe the signal to a person engaged in driving the motor vehicle and to safely drive the crosswalk by checking whether there is a pedestrian or not.

Nevertheless, the defendant neglected this and proceeded on the green light of the pedestrian signal in violation of the signal, and caused the victim to go beyond the road by taking the body part of the victim F (8 years old) walking along the crosswalk in the direction of the left side from the right side of the front side of the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the body frame on the left-hand body, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. One set of a traffic accident report (1) (1) (1), accident vehicle and accident site photograph, investigation report (in the on-site investigation) and one copy of a black box, video CD for the vehicle under investigation;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (the details of treatment and confirmation of agreement with victims);

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on the crosswalk by negligence that the defendant who is the driver of the vehicle violated the signal and violated the duty to protect pedestrians in the crosswalk.

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