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(영문) 수원지방법원 평택지원 2014.11.27 2014고단1130
교통사고처리특례법위반
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 engaging in driving a rocketing car.

On April 10, 2014, around 08:10, the Defendant proceeded with the roads of 65-lane 3, Pyeongtaek-si, Gyeonggi-do according to the one-lane in the direction of the Songbuk Elementary School.

At this point, there was a duty of care to prevent the occurrence of safety accidents by driving safely by checking whether or not there is a person who has a way to reduce the speed while paying attention to the safety of children, and by clarifying whether or not there is a person who has a right to go on by checking well, etc. in a crosswalk in a children protection zone.

Nevertheless, the Defendant neglected to do so and got the front part of the above vehicle, which was the victim E (Woo, 6 years old) who dried the crosswalk due to negligence.

Ultimately, the Defendant suffered injury to the victim, such as a felbage, which requires approximately 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) 6 and Article 3 (1), Article 3 (2) 11 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, and Article 268 of the Criminal Act;

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

1. Although the result of the instant crime committed by the victim, who has been at the age of sentencing under Article 334(1) of the Criminal Procedure Act, was significant, the Defendant’s commission of the crime is divided, the first offender who has no previous record, the victim’s person F with parental authority after the closure of the pleadings, the Defendant’s vehicle was covered by comprehensive insurance, the Defendant’s family relation, and the Defendant’s occupation, which is an infant care teacher, shall be selected by taking into account the following factors: (a) the Defendant’s commission of the crime was committed; (b) the Defendant’s vehicle was covered by comprehensive insurance; (c) the Defendant’s vehicle was covered

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