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(영문) 대구지방법원 김천지원 2020.07.23 2020고단418
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 of Bone Star Co., Ltd.

At around 15:40 on December 9, 2019, the Defendant driven the above van, and proceeded the front of the D-C in the Gu-U.S. city, with approximately 16 km from E to F-side.

Since there is a place that is designated as a children protection area, in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by driving the steering boat and brake system with due care for the safety of children by accurately operating the steering boat and brake system.

Nevertheless, the Defendant neglected this and got the victim G (the age of 10) who dried up the way in the vicinity of the crosswalk due to negligence that led to the Defendant’s failure to continue the way, and received the said part of the victim G (the age of 10) as the top left-hand part.

As a result, the Defendant suffered injury to the victim from an occupational negligence, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Traffic accident analysis reports, on the occurrence of traffic accidents, field photographs, actual condition survey reports, photographs, and the current status of children protection zones;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has caused the instant accident by neglecting the duty of care in the vicinity of the crosswalk in the child protection zone, and the degree of injury to the victim was significant. However, at the time of the instant accident, the Defendant was operating under low speed, the Defendant’s vehicle is covered by the comprehensive insurance, the victim is taking the Defendant’s wife against the Defendant, and the penalty power exceeding the same kind and fine is imposed on the Defendant.

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