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(영문) 광주지방법원 2014.04.02 2013고단6094
교통사고처리특례법위반
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 small-scale car B.

On November 11, 2013, the Defendant driven the above vehicle on the 08:25th day of November, 2013, and driven the front side road of the KT-gu Office of Education in the BT-gun, the Mansan-gun, the Mancheon-si Office of Education, the front side road of the KT-gu Office of Education.

At the time, there were children's attending time and there was a protective area for children, so in such a case, the defendant engaged in driving of the motor vehicle had the duty of care to reduce speed and drive the motor vehicle safely by taking into account the right and the right and the right well.

Nevertheless, the defendant neglected this and proceeded to the right side of the vehicle of the victim C(10 years old) who is a child coming to the right side of the direction of the vehicle due to the negligence of driving the vehicle.

As a result, the Defendant suffered injury to the victim from the above occupational negligence, which requires approximately 14 weeks of medical treatment, to the right-side executives.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

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

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

1. Voluntary fine for punishment (the fact that there is no criminal history against the defendant, and the traffic accident in this case is an accident that the victim gets at the edge of the road according to road conditions, and the motor vehicle of the defendant is covered by the comprehensive motor vehicle insurance and the victim and his family do not want the punishment of the defendant by the smooth agreement, etc.);

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

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