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(영문) 제주지방법원 2020.12.17 2020고합188
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 13:50 on August 5, 2020, the Defendant driven a D-learning car in front of the C regularly set at C at Jeju on August 5, 2020, while driving the D-learning car at a speed of about 34 km per hour from the e-section to the F-section from the E-section.

At all times, it is on a road where traffic is controlled by signal apparatus, so the person engaged in driving service has a duty of care to ensure the safety of children, to observe the signal apparatus of the front-way vehicle, to prevent the passage of pedestrians passing along the crosswalk from hindering or endangering them.

The Defendant neglected this and proceeded immediately without stopping in front of the crosswalk, and failed to properly operate the front left left right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right side of the child victim H (ma, 8 years old) and suffered injury to the victim, by taking around two weeks of the left right right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each actual survey report (1, 2);

1. Application of Acts and subordinate statutes to an injury diagnosis report (H);

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, Article 268 of the Criminal Act, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of applicable sentences under law: Fines of five million won to thirty million won; and

2. Determination of sentence: The place where the instant crime was committed in the amount of a fine of KRW 7 million is a crosswalk in front of the elementary school’s fixed door, and if any driver is a driver for 1:50 minutes per hour at that time, anyone will run.

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