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(영문) 인천지방법원 2020.02.05 2019고단9217
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 the duty of driving B car car.

On November 20, 2019, at around 16:31, 2019, the Defendant driving the said car on the front road of the D Elementary School located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and led the Defendant to make a bypass at a speed of about 20 km per hour from the entrance of an elementary school to the front 119 Safety Center.

Since there is a protection zone for children and a crosswalk where signal lights are installed, in such cases, the driver of the vehicle has a duty of care to stop the vehicle in front of the crosswalk and to prevent the accident by safely driving the vehicle, such as taking off the vehicle in front of the crosswalk, taking care of the person who sets the crosswalk, and taking care of the safety of children in the children protection zone.

Nevertheless, the Defendant neglected this and proceeded as it is, due to the negligence of the Defendant’s failure, even though the electric traffic signal is a red light, which is a stop signal, and the part of the victim E (Nam, 7 years old) who crosss to the right side from the left side of the vehicle driving direction of the Defendant’s car driving in accordance with the pedestrian signals of the time-mash-in crosswalk.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury to the left-hand leg, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of accident video CD-related statutes;

1. Article 3(1)1, 6, and 11 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment for Criminal Crimes and Article 3(2)1, 6, and 11 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (to select a fine, taking into account the following: (a) the fact that a person was running slowly at about 20 km at the time of an accident; (b) the person was unable to discover a victim from his/her own negligence due to his/her negligence in his/her negligence in front of the accident at the time

1. Detention at a workhouse;

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