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(영문) 광주지방법원 2017.06.22 2017고단1468
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 7,000,000.

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 March 22, 2017, the Defendant driven the said car at a speed of 20 to 30km from the side of the future child hospital in order to drive the said car at a speed of 15:40 on March 22, 2017.

There is a crosswalk where a signal, etc. is installed, and because it is a child protection zone, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the left and right on the road, and to operate the motor vehicle with due care for the safety of children according to the new code.

Nevertheless, the Defendant neglected this and proceeded with the victim E (8) who was a child walking on the crosswalk from the right side of the road in the direction of the defendant's running room to the left side by his negligence, which led to a shock of the victim E (8) in front of the above car of the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as the left-hand body A, which requires approximately 14 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Photographs;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant violated signal and caused a traffic accident on the crosswalk in the children protection zone, and the degree of injury inflicted on the victim is heavy.

However, the defendant's primary crime without criminal history reflects the crime, the vehicle of the defendant's driving is covered by a comprehensive insurance, and the victim and his guardian agree with the victim and the guardian to punish the defendant.

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