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(영문) 서울동부지방법원 2015.06.12 2015고정406
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has driven a B car owned by leapin in the course of business.

On December 17, 2014, the Defendant, around 13:10 on December 17, 2014, proceeded with a road of 13 lanes in Gwangjin-gu Seoul Special Metropolitan City, and a two-lane road from the two-way elementary schools to the water-water distance outflow.

In such cases, a crosswalk and a children protection zone are located, a driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner that the traffic situation of the road and the structure and performance of the motor vehicle may cause any danger and injury to others, and the traffic conditions on the front side and the right side of the crosswalk zone and the children protection zone shall be well reported, and the driver of the motor vehicle shall have the duty of care to prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, the respondent neglected this and proceeded as it is, and the victim C (Nam, 9 years old) who was the victim who was laid down on the right side of the crosswalk in the right side of the direction of the road.

As a result, the Defendant suffered injury, such as the so-called left-hand abandonment growth plate, which requires approximately eight weeks of medical treatment by the above negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Article 3 (1), the proviso to Article 3 (2) 6 and Article 3 (1), Article 3 (2) 11 of the Act on Special Cases concerning Handling Traffic Accidents and the Punishment of Specific Crimes (Selection of Fine)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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