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(영문) 서울남부지방법원 2021.01.08 2020고합369
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 of a vehicle with a driver B.

On June 5, 2020, the defendant, around 14:21 on June 5, 2020, proceeded with the intersection of Gangseo-gu Seoul Metropolitan Government C in the non-faced speed from D high surface to the village.

It is a protection zone for children, a crosswalk with no signal signal on the front side, and the view is not secured at all due to the building on the right side of the crosswalk. In such a case, the driver of the motor vehicle has a duty of care to ensure the safety of children by driving the motor vehicle separately while driving the motor vehicle, such as checking whether there is a child, by stopping in the temporary stop line in front of the crosswalk before entering the intersection and checking well the right and the right and the right of the crosswalk, and by checking whether there is a child.

Nevertheless, the defendant neglected this and did not live well in the surroundings, and did not stop at a temporary stop line and proceeded as it is, by negligence, caused the victim E (son, 9 years old) who is a child driving a bicycle on the left side of the defendant's running along the road in the right side of the road.

As a result, the Defendant suffered from the Defendant’s occupational negligence that caused approximately four weeks of treatment to the victim, she was in need of care.

Summary of Evidence

1. A written statement of the occurrence of a traffic accident by a defendant in the police interrogation protocol against the defendant's statutory statement (Evidence No. 3), a written statement of the occurrence of a traffic accident in F (Evidence No. 5) (Evidence No. 5);

1. Investigation report ( CCTV images at the scene of an accident) (Evidence No. 8), traffic accident report (Evidence List No. 1), and report on the occurrence of a traffic accident (Evidence List No. 2);

1. A medical certificate (Evidence No. 6) A traffic accident analysis statement (Evidence No. 11) an insurance policyholder (Evidence No. 4), an accident scene photograph, and a vehicle.

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