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(영문) 대전지방법원 2016.01.29 2015고단4049
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 203, 2015, the Defendant driven a road for children protection zone from Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Seo-gu, to drive a vehicle for the use of the D Launta in the direction of the public parking lot from the middle school to the direction of the public parking lot.

However, since there may be no child protection zone at any time and place, drivers engaged in driving duty have a duty of care to care in preventing accidents by accurately manipulating the steering gear and the steering gear.

Nevertheless, due to negligence, the victim E (8) from the left side of the moving direction to the right side of the stop vehicle was placed on the front side of the driver's seat of the vehicle.

Therefore, the above victim suffered bodily injury that requires approximately 14 weeks of medical treatment under the name of sick person on the alleys of the upper right side.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the Defendant’s neglect of his/her duty of care in a child protection zone, leading to a serious criticism for the Defendant’s serious injury to his/her age.

However, the sentence shall be determined as ordered in consideration of the circumstances, such as the fact that the injured part does not pose a threat to the life of the injured part, the defendant has subscribed to a comprehensive insurance, the fact that the negligence on the part of the injured part was concurrent by the victim, such as the victim's own mariness from the gap of vehicles in which the injured part was parked, the fact that the defendant recognizes the alternative mistake and reflects it, and the fact that there is a risk of actual employment if imprisonment without

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