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(영문) 서울남부지방법원 2020.09.18 2020고합350
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 vehicles B and C.

On April 9, 2020, the Defendant driven the above vehicle on April 18:37, 2020, and led the road located in 76, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to proceed from the side of C apartment protection zone to the side of D apartment.

At this point, it is a children protection zone, and there is an intersection where there is no signal signal in the front door, 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 vehicle has a duty of care to prevent accidents in advance by driving the vehicle with due care to ensure the safety of children, such as stopping the vehicle on a temporary stop line, checking whether there is a child who gets a driver of the vehicle, and checking the right and the right side of the crosswalk well.

Nevertheless, the Defendant neglected to stop in the vicinity of the temporary stop line without stopping it, and by negligence proceeded in order to pass through the intersection, received the victim E (ma, South and 10 years old) who is a child, who was a child, who has boarded a bicycle from the right side of the running direction to the left side of the above vehicle.

Ultimately, the Defendant suffered knee knee knee knee knee knee knee knee kne.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident;

1. An accident site photograph;

1. Blue fluor photographs by cutting down the black stuffs;

1. Protectivect images to be cut;

1. Photographs of a place of accident;

1. A written diagnosis of injury;

1. Application of accident video review statutes;

1. Article 5-13 subparagraph 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, Article 268 of the Criminal Act, and the choice of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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