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(영문) 서울동부지방법원 2020.02.13 2019고단4049
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-type taxi B.

On October 26, 2019, the Defendant driven the above taxi on October 16, 2016, and driven the two-lane road in the way of the children protection zone in front of Songpa-gu Seoul, Songpa-gu, Seoul, along two-lanes from the South U.S. to the D elementary school at an insular speed.

There was a child protection zone in the vicinity of the D elementary school, and there was a place where a signal apparatus is installed in the front bank, so in such a case, there was a duty of care to prevent accidents due to the safe operation of the motor vehicle in accordance with the signals by reducing speed and keeping the front door well.

Nevertheless, the Defendant neglected to do so and neglected his duty of care and proceeded with the stop signals, and received each part of the bridge part of the victim E (the 9 years old) and F (the 9 years old) on the left side of the above vehicle's moving direction from the right side of the above vehicle to the right side of the above taxi, as well as the front side of the right side of the above taxi.

As a result, the Defendant caused the victim E to suffer from the above occupational negligence, such as the victim E’s left-hand leg and salt leg, which require approximately two weeks of treatment, and the victim F to the left-hand leg and salt leg, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident (No. 4);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant's negligence is serious, and circumstances favorable to the fact that he/she has been punished for the same kind of crime are divided.

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