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(영문) 청주지방법원 2020.12.23 2020고합232
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2017, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Cheongju District Prosecutors' Office.

【Criminal Facts】

1. On August 21, 2020, the Defendant driven the E Non-No. 50c. Orabababa under the influence of alcohol concentration of approximately 0.08% from the 1km section from the roads in front of the Heung-gu Seoul Metropolitan City B market to the roads in front of the D elementary school, located in the same Gu C. The Defendant driven the E non-nobababa under the influence of alcohol concentration of about 1km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Children Protection Zone) is a person engaged in driving service Enonno-50cc;

At around 12:58 on August 21, 2020, the Defendant driven the above Otoba while under the influence of alcohol with 0.08% of blood alcohol concentration, and proceeded at the speed of 24.7km/h from the F convenience point of view with the road in front of D Elementary School C located in Eiju-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Since such a place is designated as a children protection zone and a crosswalk where signals are installed, drivers have the duty of care to prevent accidents in advance by safely driving in accordance with the traffic signal while checking whether there is any person who gets a road on the crosswalk by complying with the regulations set forth in the children protection zone and by paying attention to safety of children.

Nevertheless, the defendant neglected this and did not find out the victim G (manam, 7 years old) who cross the crosswalk of the road above the end of the defendant's moving from the right side of the road to the left side in accordance with the pedestrian signals by negligence that continued to proceed at the same speed, even though the vehicle driving signal is a red stop signal, and did not discover the victim G (manam, 7 years old) who cross the crosswalk of the road above the road above the road in the direction of the defendant's moving toward the ground.

Ultimately, the Defendant above.

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