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(영문) 서울북부지방법원 2015.08.21 2015고정1201
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 26, 2015, the Defendant driven the above car at around 17:00, while driving the car and driving the road before the same elementary school, which is located in Nowon-gu in Seoul Special Metropolitan City, along the same direction from the same side line to the same side.

Since the place is designated as a protective area for children, there was a duty of care to prevent accidents due to the awareness of safety of children by reducing speed for those engaged in driving of a motor vehicle and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and received the left knee part of the victim D (the 9-year old, female) crossing the road from the right-hand side of the mash course to the left-hand side of the road.

Ultimately, the Defendant suffered injury to the victim by the above negligence, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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