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(영문) 광주지방법원 목포지원 2021.01.07 2020고합122

특정범죄가중처벌등에관한법률위반(어린이보호구역치상)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On September 22, 2020, the Defendant promoted the private distance in front of the fixed door of the apartment house C in Mananan-gun, Manan-gun, Man-gun on September 22, 2020 from D elementary school to E apartment site.

It is a place where a crosswalk is installed in a children's protection zone, so in such cases, the driver of the vehicle has the duty of care to prevent the accident by driving the crosswalk in advance by taking into account whether the driver of the vehicle has no children or not.

Nevertheless, the Defendant, while proceeding with the first vehicle line, neglected the duty of the front line and changed the second vehicle line to the second vehicle line, brought the victim FF ( South, nine years old) who dried the last part of the said vehicle due to the negligence in the course of business, which led to the change of the last line to the second vehicle line.

As a result, the Defendant suffered injury to the victim, such as a franchis team and other franchisium in need of approximately six weeks of medical treatment due to occupational negligence in the child protection zone.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images to the reporting on the occurrence of a traffic accident by Defendant’s statutory statement, reporting on a traffic accident, reporting on internal investigation (verification at the scene of an accident), and reporting on internal investigation;

1. Article 5-13 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The instant case’s sentencing decision is an intersection where yellow flickering lights are installed, and the Defendant, who entered the so-called water crossing and stops in the middle of crossing, while changing the lane from one lane to two lanes, is proceeding at a speed.