logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2021.01.15 2020고합462
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

A defendant shall be punished by imprisonment for six months.

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 who is engaged in the operation of the vehicle of Oral Mt. Cr. Et. Et.

On August 11, 2020, the Defendant driven the above vehicle at around 17:05, and driven the road of the first line in front of the Seoul Western-gu Seoul Metropolitan Government C, along with one lane in the direction of the fluorri-distance distance from the view remote.

At this point, it is a child protection zone, and there is a road entering the entrance of a D apartment complex on the right side of the vehicle driving by the defendant, and the left side is an intersection with a road leading to E elementary school. Thus, the above road has a duty of care to check whether a person engaged in driving the vehicle has a child to cross the road by reducing speed and driving the road well well and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected such duty of care and proceeded as is, without being negligent, in front of the front door, and did not discover the victim F (n, 6 years old) who was crossing the road on the left side from the direction of the vehicle running by the Defendant, and did not discover the victim F (n, 6 years old) who was in front of the above vehicle and got the victim to go beyond the road floor.

Defendant 1 suffered injury to the victim who is a child due to the above occupational negligence, such as the pelle of the body body of the right pelle, closure, etc., which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Application of the defendant's legal statement of traffic accident report, report on the occurrence of traffic accident report, diagnosis report on the occurrence of traffic accident, on-site evidence analysis answer, photographs on the scene of accident, on-site photographs, and Acts and subordinate statutes in need of children protection zones;

1. Article 5-13 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 3 subparag. 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 53 and Article 55 subparag. 3 of the Criminal Act mitigated the amount of selective punishment for committing a crime (a reason to take into account the circumstances of the crime).

arrow