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(영문) 서울중앙지방법원 2013.06.28 2013고정2306
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in driving over CA110.

Around 17:20 on February 7, 2013, the Defendant driven the above Orabab, and proceeded at a speed below speed, depending on the speed of speed from the end of the central hospital to the end of the 245-lane Do in Dongjak-gu Seoul Metropolitan Government.

There are crosswalks where signal lights are installed on the front of an elementary school, and in such a case, there was a duty of care to ensure whether a person engaged in driving of a motor vehicle complies with signal signals and sees it well, and to drive the motor vehicle with due care in paying attention to the safety of children.

Nevertheless, the defendant neglected this and tried to find out the victim C (seven years of age) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of the defendant's failure to change the signal to the stop signal, and thereby caused the victim to go beyond the road.

As a result, the Defendant caused the victim by negligence in the above business so that he suffered a fluoral salt that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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