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(영문) 청주지방법원 2017.07.20 2017고단212
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car i30.

On December 20, 2016, the Defendant driven the above vehicle volume at around 15:20 on December 20, 2016, and tried to drive one lane in front of the elementary school on the route in the Heung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, so that it would run about 40km of the city speed from the front door of the elementary school to the apartment room in front of the city.

At the time, there is a need to prevent accidents in advance, such as reducing speed, preparing for the crossing of children, and not exceeding the central line, since there is a place where children's protection zones are installed with a center line of sul-ray, and thus, a driver of an automobile has a duty of care to prevent accidents in advance.

Although the Defendant is required to drive a vehicle in consideration of the safety of children, the Defendant got the victim E (7 years) who crosses the vehicle to the port from the right side of the Defendant's running direction due to the negligence of driving the center line to pass the vehicle ahead of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

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

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

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

1. A crime committed in the course of recklessly driving in a children protection zone with reason for sentencing of Article 334(1) of the Criminal Procedure Act, and unfavorable circumstances such as the fact that the defendant was an initial criminal with no criminal history, such as the fact that the defendant was purchasing a comprehensive insurance policy, and the favorable circumstances such as the fact that the victim has agreed with the victim, and other favorable circumstances such as age, sex, environment of the defendant;

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