(영문) 대구지방법원 김천지원 2020.10.6.선고 2020고합49 판결

A defendant shall be punished by a fine of five million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Reasons

Criminal facts

The Defendant is a person engaged in driving a EXE car.

On July 1, 2020, the Defendant driven the said car on July 18, 2020, and moved the front road of D Kindergartens in the old city of the United States for the purpose of parking from D Kindergartens to Fsides.

Since it is a child protection zone, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is able to protect children's safety and prevent accidents by driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and caused the Defendant’s back side of the Defendant’s car, the part on the left side of the Victim G (Y, 11), which was behind the Defendant’s vehicle due to negligence, was shocked by the Defendant’s vehicle behind the Defendant’s vehicle. Ultimately, the Defendant suffered from the Defendant’s negligence on the part of the foregoing occupational negligence, such as salt, blue, tension, etc. of other parts of the blu

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. Application of the current status of traffic accidents, report on the actual condition of the investigation report and photographs, the current status of children protection zones (E), photographs of CCTV images for crime prevention and diagnostic records to the Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

2. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

3. Order of provisional payment; and

The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances and other various conditions of sentencing including the defendant's age, character and conduct, occupation, family relationship, motive, means and consequence of the crime, and circumstances after the crime is committed.

○ Unfavorable circumstances: A child protection zone is a zone designated by considering that children’s passage is frequent, such as school, housing, or apartment complex, and thus, the degree of negligence of the Defendant is not easy in light of the fact that the Defendant, who driven such a zone, was negligent in driving with due care.

In light of the favorable circumstances of ○: The Defendant did not have the previous department, and there is no criminal record since the suspended sentence of imprisonment was sentenced for violation of the Military Service Act in around 1972, around about 50 years before the Defendant was sentenced to imprisonment. The degree of injury suffered by the victim is not much serious and the damage suffered by the victim appears to have been recovered through the Defendant’s comprehensive motor vehicle insurance (Evidence No. 45,69). The Defendant’s punishment was not imposed on the part of the victim (Evidence No. 44, 45 pages).