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(영문) 광주지방법원 2013.09.24 2013고단3168
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning automobiles.

The defendant 2013

7. 9. 07:50경 위 승용차를 운전하여 광주 서구 금호동에 있는 종원팰리스 아파트 후문 앞 편도 2차로의 도로를 서광병원 사거리 쪽에서 호반2차 아파트 쪽으로 1차로를 따라 진행하게 되었다.

Since the place was a road in a child protection zone that is anticipated to frequent appearance of pedestrians, there was a duty of care to drive the motor vehicle in accordance with the safety of children by reducing the speed of the motor vehicle on the part of the motor vehicle, and by taking a well-being of the boom.

Nevertheless, the Defendant failed to discover the victim C (the age of 12) who crosses the road to the right side from the left side of the running direction of the defendant by neglecting this, and instead failed to discover the victim C (the age of 12) who crosses the road to the right side of the vehicle of the defendant, and received the above victim's right side

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame at the bottom of the right frame, in need of medical treatment for about 10 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of traffic accidents in the preparation of CMoD;

1. A traffic accident report (1) (2) and photographs of the scene of the accident;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment,

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act in the detention of the workhouses seems to require a strict punishment against the defendant in light of the fact that the defendant operated a motor vehicle in a child protection zone and caused a traffic accident that shocks the victims of children, and the victim suffers a serious injury that requires about 10 weeks of medical treatment, etc., but the defendant is deeply divided and reflected in his mistake.

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