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(영문) 수원지방법원 평택지원 2021.03.12 2021고합2
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 W125 Engine bicycle(s) in WW125 c.

On November 29, 2020, the Defendant driven a bicycle with the above engine device on November 18:15, 2020, and proceeded ahead of D elementary school in Pyeongtaek-si C with the speed of 38km/h at the speed from the “E building” to the “F building.”

Since the location is a child protection zone and a road with a crosswalk without signal, a person engaged in driving service has a duty of care to safely drive the crosswalk after checking whether there is a child.

Nevertheless, the Defendant neglected this and went through the crosswalk without temporarily stopping even if he was a child who gets on a bicycle, thereby getting the victim G ( South, 12 years old) crossing the crosswalk on the left side of the Defendant’s running direction, along the front part of the bicycle bicycle.

Ultimately, the Defendant suffered injury to the victim, such as a sugar with no open one in the number of days of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on the occurrence of a traffic accident, a report on the scene of an accident, a written confirmation of medical treatment for an appraisal report (G);

1. Article 5-13 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 53 and Article 55(1)6 of the Criminal Act mitigated from small amount of punishment (opportune selection)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 2,500,000 to 15,000,000;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. Sentence;

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