2020 Gohap107 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(Bodily Injury)

A

Category Madern Madern Madern Madern (Court)

Attorney B

November 19, 200

A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The defendant is a person who is engaged in driving a Crane car.

On June 5, 2020, the Defendant driving the said car at around 16:05, and driving it at around 16:05, along the intersection in front of the D apartment at the netcheon City, according to the two-lane way from the clock support side of the Gwangju District Court to E apartment.

The progress was conducted.

At this point, it is a road designated as a child protection zone in the vicinity of F Elementary School, and a red light has been installed, so there was a duty of care to prevent accidents by driving a vehicle in advance by making it possible for a person engaged in driving a vehicle to temporarily stop before entering the intersection and temporarily stop the right and the right and the right of the road before entering the intersection, and driving the vehicle safely while paying attention to the safety of children.

Nevertheless, the Defendant neglected to do so and did not temporarily and temporarily enter the intersection with on-and-off signal of red light, and was negligent in proceeding with the Defendant’s access to the apartment from the front side of the first apartment entrance into which the Defendant is driving, to the E apartment from the front side of the second apartment entrance into which he is driving, and the victim G (Nam, 11) was shocked to the front front edge part of the bicycle driven by G, who is driving.

As a result, the Defendant suffered injury to the victim who is a child due to the above occupational negligence in the child protection zone, such as 10 weeks of medical treatment, felball, felball, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident, application of the Acts and subordinate statutes governing accident site photographs and accident video CDs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-13 subparag. 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, and Article 268 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Reasons for sentencing: Imprisonment with prison labor for not less than six months to not more than seven years;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. Determination of sentence;

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, comprehensively taking into account the defendant's age, character and conduct, environment, method and background of the crime, the motive of the crime, the result of the motive of the crime, and the circumstances after the crime.

○ Unfavorable circumstances: The defendant temporarily stops red lights in a children’s protection zone, has been negligent in driving a bicycle while neglecting his/her duty to ensure the safety of children, and has been negligent in driving the bicycle, thereby causing a serious injury that requires 10 weeks of treatment, and the responsibility for the crime is heavy.

A favorable circumstances: The Defendant recognized the instant crime and reflects on the recognition of the Defendant. There is no penalty exceeding a fine. The Defendant purchased a comprehensive motor vehicle insurance policy for a motor vehicle franchise and paid medical expenses for future damage to the victim, and received a letter from the victim and his parents.

The presiding judge, judge, Song-tae

Judge Lee Sang-hoon

Judicial Chief Judge;