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(영문) 서울중앙지방법원 2016.11.16 2016고단6741
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-math cargo vehicle.

On June 13, 2016, the Defendant driven the above cargo vehicle on June 15:46, 2016, and proceeded at a speed of about 20 km from the west of the Central Hospital to the latter, E value in Dongjak-gu Seoul Metropolitan Government D and the front child protection zone.

At all times, there is a crosswalk installed with red-off signal apparatus as a children protection zone, so in such a case, the defendant, who is engaged in driving duty, has a duty of care to safely drive the crosswalk, such as making a temporary stop in front of the crosswalk and confirming whether there is a pedestrian who has a pedestrian.

Nevertheless, the Defendant neglected to do so and neglected to keep the right and the right and the right and the right and the right and the right and the right and neglected the red-off signal, and failed to temporarily stop in front of the crosswalk, and thereby, received the victim F (F, 6 years old) who opened the crosswalk from the left side of the running direction to the right side of the Defendant.

Ultimately, the Defendant suffered injury to an open wound, which requires approximately four weeks of medical treatment, from the victim’s occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. Photographss by capturing the video data;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Although the degree of injury suffered by the victim selected as a selective fine is serious, the traffic accident, such as the fact that at the time of the accident, bus stops in the crosswalk opposite to the direction of the defendant's vehicle driving, and the victim was in front of the defendant's driver's vehicle in the bus behind the bus stopped, and it seems somewhat difficult to secure the defendant's view.

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