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(영문) 인천지방법원 2016.11.18 2016고정2924
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 engaging in driving a B-learning car.

On June 9, 2016, the Defendant driven the above vehicle on June 18:15, 2016, and proceeded with the two-lane road in front of the Geum Gulg apartment apartment, which is located 84, 30 o-gil, from the new elementary school, at an insular speed, from the new elementary school to the third apartment with the wind 3rd apartment.

There are two-lanes in the moving direction to children's protection zones, and in the future, children who are in short of their aptitude and ability to determine their situation are in danger of sudden learning in the future. In such a case, the driver of a motor vehicle has a duty of care to prevent accidents while driving the motor vehicle while paying attention to children's safety by means of lowering speed and properly operating the front door and the left door and the left door, and accurately operating the steering of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded on the right side of the way to the left side by the negligence, and caused the victim C (six years of age) to walk the bicycle to the left side of the way to leave the bicycle, and caused the victim's head part to be faced with the front glass of the vehicle and to fall off on the road.

Ultimately, the Defendant suffered from an injury to the victim, by negligence on duty, in light of the fact that the victim suffered from an injury to the victim, such as a light-to-face transfusion without an open two inner address for three months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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 with regard to the order of provisional payment is that the damage suffered by the victim was very serious due to the instant crime, and that the place of the accident was a child protection zone.

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