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(영문) 대구지방법원 경주지원 2016.06.23 2016고단75
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving motor vehicles B.

On December 18, 2015, the Defendant was driving a frighting motor vehicle around 16:30 on December 18, 2015, and was driving along the road in front of the road church that is located in the open-dong Eup room in the direction of the entrance room, along with one lane, from the direction of the entrance box, the place was a place where children’s walking is frequent as a child protection zone. In such a case, the Defendant was obliged to pay a duty of care to drive the motor vehicle safely while paying attention to the safety of children.

Nevertheless, the Defendant neglected his duty of care in the left-hand side of the victim C (5 ) who crosses the road from the left-hand side of the Defendant’s course to the right-hand side of the road, suffered injury such as the left-hand side of the upper-hand side, etc., which requires approximately six weeks of medical treatment after the driver’s seat of the above frighting vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on a traffic accident, two copies of photographs at the scene of the accident, and a medical certificate;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The instant traffic accident occurred because the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order failed to fulfill the duty of care to observe in the child protection zone while driving a vehicle, and accordingly, the victim was seriously injured.

In addition, since the damage recovery for one victim is not properly implemented, it is not possible to reach an agreement with the victim.

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