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(영문) 대구지방법원경주지원 2020.12.03 2020고합50
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a B-VACRUG car.

On June 13, 2020, the Defendant driven the above car on June 13, 2020, and proceeded at a speed of about 20 km from D apartment room to E apartment door gate.

It is a child protection zone and a crosswalk that has no signal, etc. on the front side. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident by driving the motor vehicle in advance by taking care of the safety of children, such as reducing the speed for the driver of the motor vehicle and checking the front and rear left well.

Nevertheless, the defendant neglected this and did not properly operate the brake and steering gear, and did so, the defendant's driving direction to the right side of the defendant's driver's car, and the victim F, who crossed the crosswalk to the left side of the crosswalk, was transferred to the right side of the defendant's car.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the trees requiring approximately four weeks of medical treatment, the inner force of the salute of the salute, and the damage of the surrounding land.

Summary of Evidence

1. A written statement of the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and an accident site photograph;

1. A report on investigation (the analysis of fluor motor vehicles black images and CCTV images at the site) and a traffic accident analysis report;

1. Application of Acts and subordinate statutes of a medical certificate;

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, and Article 268 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. The costs of the lawsuit under Article 62(1) of the Criminal Act (hereinafter “the grounds for a suspended sentence”) are the same as the case.

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