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(영문) 부산지방법원 서부지원 2018.02.21 2017고단1861
교통사고처리특례법위반(치상)
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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 of B-learning automobiles.

On October 20, 2017, the Defendant driven the said car at around 15:00, and driven the said car at around 15:00, followed by “the second apartment complex, a brickd in Busan Northern-gu, Busan, the second apartment complex,” and followed the two-lane roads in front of the door, “an apartment, which can be gathered in the right to receive the deposit in the same door,” from the right side of the Seocheon-dong, the Defendant driven the said car at a speed of 20km/h/h of the speed.

Since there is a child protection zone, the driver of the motor vehicle has a duty of care to conduct safely by checking the front side and the left side of the motor vehicle.

Nevertheless, the defendant did not discover the victim C (11) who was unclaimed to the right side from the left side of the defendant's proceeding due to negligence while neglecting this, and received the victim as the front part of the passenger car.

Ultimately, the Defendant suffered approximately 14 weeks of medical treatment due to occupational negligence as above, resulting in the Defendant’s flag of body body in the right frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes on children protection zones;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

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

1. According to Article 334(1) of the Criminal Procedure Act, a person shall be punished by a fine, taking into account the following factors: (a) the degree of injury of a victim on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, which is not against the nature of the crime; (b) on the other hand, it is contrary to the agreement with the victim; (c) there is no actual record of punishment; (d) the victim was negligent in crossing without permission; and (e) the Defendant violated the duty of safety care in the child protection zone; (b) however,

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