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(영문) 수원지방법원 안산지원 2021.03.30 2020고합262

특정범죄가중처벌등에관한법률위반(어린이보호구역치상)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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 driving a B B B B B B B B B car.

On July 3, 2020, the Defendant driven the above car on July 19:14, 202, and driven the front road C from the side of D market to the military automatic office at a speed of about 20 km.

At this point, there is a need to protect children from the danger of traffic accidents to protect children as children protection zones. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system in good mind while paying attention to the safety of children.

Nevertheless, the Defendant neglected to do so and went on the left-hand side of the victim E (the 10-year old age) who was on the right-hand side of the victim E (the 10-year age) who was on board the kick on the left-hand side of the Defendant, and served the victim's body in the front-hand part of the above vehicle of the Defendant, and served the Defendant as the above vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the upper and lower mouths of the upper and lower mouths, which require approximately eight weeks of treatment.

Summary of Evidence

1. On-site inspection records and reports on traffic accidents (on-site inspection records), reports on the occurrence of traffic accidents, internal investigation reports (Attachment to data on the location of designation of children protection zones), - On-site inspection records, video and on-site photographs, application of statutes and regulations to such reports in the first trial records;

1. The applicable legal provision on criminal facts, Article 5-13 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 70(1) and Article 69(2) of the Criminal Act, which attracting a workhouse, shall be limited to the scope of the statutory penalty for sentencing under Article 334(1) of the Criminal Procedure Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act: A fine of 5,00,000 won to KRW 30,000,000 or KRW 30,000 is not set for sentencing guidelines.

3. Determination of sentence;