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(영문) 부산지방법원 2020.03.19 2020고정185
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On July 27, 2019, the Defendant driven the above taxi on July 12:08, and driven the front road in Busan Metropolitan Government C, along with a two-lane one-lanes of the two-lanes of the way from the hot spring hole to the course from the hot spring hole.

Since there is a child protection zone in which a crosswalk is installed, in such a case, there was a duty of care to safely operate the steering gear and brake system of the motor vehicle by properly operating the steering gear of the motor vehicle.

Nevertheless, the Defendant was negligent in failing to properly operate the steering gear and brakes of a motor vehicle without looking at the front side and the left side, and caused the victim to go beyond the floor by taking the body side of the victim E (the 9-year-old) who was the child, who was a child who was fright to the left from the right side of the defendant's direction.

As a result, the Defendant suffered from the victim’s loss of the head’s reputation that requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of field photographs, CD-related Acts and subordinate statutes;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant's negligence is serious (violation of the duty to protect pedestrians in the crosswalk and violation of the duty to protect children in the protection zone for children): The defendant has no previous fault, the victim's injury is relatively minor, and the vehicle driven by the defendant is F.

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