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(영문) 의정부지방법원 2015.01.23 2014고단2744
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a CAR car.

On May 20, 2014, the Defendant driven the above car on May 20, 2018:25, and proceeded one-lane of the welfare insurance distance in the Paman-Eup at the Yangju-si at the respective levels, with the government room at Pasan High School.

At all times, there is an intersection in the front of the road, so in such cases, a person engaged in driving service has a duty of care to safely operate the steering wheel and brake system by properly operating it.

Nevertheless, the Defendant neglected to do so and proceeded to the port from the right side of the crosswalk by his negligence, and received the victim D (10 years old) who crossed the crosswalk to the right side of the crosswalk as the front part of the automobile of the Defendant.

As a result, the Defendant suffered injury to the victim, such as a ductal and ducts, which require approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Written statements of D;

1. A traffic accident report, a blackbox, a video CD;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The grounds for sentencing under Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommending punishment] and Article 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents [the scope of recommending punishment] and Article 268 of the Criminal Act (including one to six months) [the decision of sentencing] mitigated area (including a serious effort to recover damage] [the decision of sentencing] and a fine of KRW 4 million are significant when the Defendant was sentenced to a fine of KRW 4 million at the front of the instant accident at the crosswalk at the time of the instant accident, and the victim was waiting to collapse the crosswalk, and the victim was also waiting to walk the crosswalk at a very rapid speed without examining or stopping pedestrians, and the degree of violation of duty of care is significant.

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