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(영문) 대구지방법원 2015.09.24 2015고단3755
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the B Mit Vehicle.

On July 11, 2015, the Defendant driven the above vehicle on July 14:15, 2015, and led to the direction of the Kancheon-ro 4-ro, Daegu Northern-gu, 28-27 Dricking Park to the direction of the Kancheon-do kindergarten.

Since it is a child protection zone, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and operation by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to proceed with it and was negligent, and the Defendant got the body of the Victim C (8) who was set up on a road inside the port side of the direction of the proceeding with the left side of the Marth 198.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening of the body body in light of the body body, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Children protection zone map;

1. A medical certificate;

1. Application of video CD-related Acts and subordinate statutes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant accident in violation of his duty to drive, while paying attention to the safety of children in child protection zones, and thereby, the victim's injury is more serious.

However, it seems that the defendant could be difficult to become aware of the victim from his own and his own car in advance, that the defendant took relief measures against the victim immediately after the accident, that the defendant agreed with the victim only smoothly, that the piracy vehicle is covered by a comprehensive insurance.

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