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(영문) 인천지방법원 2020.02.13 2019고정2442
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 driving a tXG car.

On August 30, 2019, the Defendant driven the above vehicle around 08:40 on August 30, 2019, and proceeded at an aesthetic speed in the direction of the distance from the distance to the front of the Incheon Strengthening Group C.

At the same time, a crosswalk without signal lights was installed, and is designated as a child protection zone. Accordingly, when pedestrians and children are passing the crosswalk, the driver of the motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping in front of the crosswalk so as not to obstruct or endanger the crossing of pedestrians and children.

Nevertheless, while the defendant neglected to stop at a different speed, the defendant found the victim D (W, 11) who cross the crosswalk to the port from the right side of the defendant's running side of the crosswalk to the port, and followed it late, but did not stop, and was facing the victim's bridge by the front part of the defendant's driving part.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the combination of body cellss on the left-hand side, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of statutes to field photographs and victim diagnosis reports;

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 the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment becomes invalidated or revoked and the defendant does not pay a fine);

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the instant crime.

In addition to the payment of money to the victim by an insurance company, the defendant shall make a separate agreement.

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