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(영문) 서울북부지방법원 2015.05.13 2015고정793
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 drives BM125 Quba.

At around 18:50 on November 27, 2014, the Defendant driven the above Oralba, and proceeded around about 30 km from the front side of Dongdaemun-gu Seoul Metropolitan Government C, to the front side of the Ganan apartment house, the front side of the Dongdaemun-gu Seoul Metropolitan Government.

The location is installed at a crosswalk in which no signal, etc. is available to children protection zones.

In such cases, when a pedestrian passes a crosswalk while reducing speed for a person engaged in driving of a motor vehicle, maintaining the right and the left well, and paying attention to the safety of children, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, check the safety of pedestrians, and prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

From the right side of the proceeding direction, the bridge of the victim D (Nam, 9 years old) crossing the crosswalk to the left side of 221 - from the right side of the Pyeong Elementary School, the road was set up by shocking the front part of the defendant's right side.

As a result, the defendant suffered injury to the victim due to occupational negligence, such as the complete escape of the baby requiring about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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