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(영문) 수원지방법원 2020.12.03 2020고합552
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of B-Epurt Motor Vehicle.

On July 2, 2020, the Defendant driven the above vehicle at around 12:50, and led to a straight-distance intersection in front of Suwon-gu, Suwon-si, to a straight-distance intersection from the private road of the non-short village.

In this case, the driver of a motor vehicle has a duty of care to drive the motor vehicle in compliance with the restricted speed according to the new code and to drive the motor vehicle in a safe manner by checking the front section, the left section, and the well.

Nevertheless, the Defendant neglected this and did not care well for the front, left, and left-hand turn signals, and caused the victim E (V, 7 years old), the victim F (V, 7 years old) who was crossing the crosswalk in the direction of the left-hand side from the direction of the path according to the pedestrian signals by negligence in violation of the signal, even though the front-hand signal was sent to the left-hand turn, to go beyond the front-hand part of the above vehicle.

After all, the Defendant suffered from the above occupational negligence such as the injury to the victim E by the left-hand side and the pelvisal left-hand side in need of approximately two weeks of medical treatment, and the injury to the victim F, such as the injury of the unexploited in the number of days of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report, a statement on the occurrence of each traffic accident, the ledger of driver's licenses for motor vehicles, and the chassis;

1. Application of Acts and subordinate statutes to each internal investigation report (Evidence Nos. 10, 13, 15, and 17), and to photographs, diagnostic papers, G children protection zone guidance, and medical treatment confirmations for the methods attached thereto;

1. Article 5-13 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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