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(영문) 제주지방법원 2013.09.13 2013고단909
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 08:00 on May 1, 2013, the Defendant driven a B rocketing car and proceeded with the first road in front of the frequency of the “rash in the city of Jeju” as “dul hotel” room at the New Jeju Elementary School. At that place, there is no delivery as a road in the children protection zone where an elementary school and child care center are located in the vicinity, and there are many motor vehicles standing on both sides of the road. Accordingly, due to the negligence that the Defendant neglected the duty of care to drive safely by paying attention to the safety of children while driving safely from the right side of the vehicle, the Defendant caused the victim C (10 years old) (hereinafter referred to as the victim’s 10 years old) who was standing the above road to the right side of the Defendant’s vehicle and caused the injury of the victim, such as flake and flaverization, which requires treatment for about 14 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. 실황조사서⑴⑵, 진단서, 각 수사보고(증거목록 순번 10, 15), 교통사고 현장사진 법령의 적용

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) and the proviso of Article 3 (2) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: A sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The fact of a crime is recognized, the fact of a crime is recognized, the damage can be recovered through a comprehensive motor vehicle insurance, the fact that there is no criminal record of the same kind of crime: The injury suffered by the victim is serious, and other reasons such as the occurrence of accidents are determined as ordered by the decision

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