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(영문) 부산지방법원 동부지원 2021.02.02 2020고합204
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a beer cruise car.

On July 1, 2020, the defendant, around 12:45 on July 1, 2020, passed the front road D in Busan Southern-gu, Busan-dong Busan-dong Busan-dong, in the direction of the middle school.

Since there are no signals, the driver of a motor vehicle has a duty of care to prevent accidents by temporarily stopping in front of the crosswalk so as not to obstruct the crossing of the pedestrian when the pedestrian is traveling along the crosswalk, and thus the driver of the motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, and the Defendant got out of it to the left side of the direction of the Defendant’s proceeding, the Victim F (F, 13 years old) was placed to the left side of the crosswalk.

As a result, the Defendant suffered injury, such as sugars with no wound, which requires approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Legal statement of the defendant on the second day;

1. A protocol concerning the examination of the police officers of the accused;

1. Each traffic accident report (1.2) and on-site photographs, each traffic accident report, each traffic accident report, diagnosis certificate, black stuff image images, photograph, requesting traffic accident analysis (speed appraisal) and the application of Acts and subordinate statutes as a result of the analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Recommendations based on the sentencing criteria: Imposition of fines; thus, the sentencing criteria shall not apply.

3. Determination of sentence: The number of circumstances below a fine of five million won and the age, sex, occupation, occupation, family relationship of the defendant, motive, means and result of the commission of the crime;

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