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(영문) 춘천지방법원영월지원 2020.12.10 2020고합31
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person engaging in driving a rocketing car.

On July 18, 2020, the Defendant got to proceed to D from the boundary of the Yellow Zone the road, which is a child protection zone C, at the time of Taecheon-si, Gangwon-do.

It is a child protection zone, and a crosswalk without signal, etc. is installed in the front door, so the driver of the motor vehicle has the duty of care to prevent the accident in advance by driving the motor vehicle separately with the safety of children, such as checking whether the driver of the motor vehicle is a child, by stopping the motor vehicle in a temporary stop line and checking well the right and the right of the motor vehicle, etc.

Nevertheless, by occupational negligence, the Defendant did not stop in the vicinity of the temporary stop line and proceeded as it is without stopping at the temporary stop line, followed by a part of the left top of the above vehicle, such as the launching of the victim E (ma, 6 years old), who is a child, who gets on the right side of the defendant's moving the kickboard on the right side of the direction of the operation.

As a result, the defendant suffered bodily injury, such as cutting a brusium in need of strict treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. F to report the occurrence of a traffic accident, report on the actual condition of statement by the police, and application of CCTV-related Acts and subordinate statutes to a traffic accident analysis report and CCTV-related Acts and subordinate 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 imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence;

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