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(영문) 서울서부지방법원 2021.01.13 2020고합259
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a rocketing car.

On June 30, 2020, the Defendant driven the above vehicle on June 12:13, 2020, and driven the front road in Mapo-gu Seoul Metropolitan Government, with approximately 34.2 km/h speed from the E hospital parking lot.

It is a child protection zone, and a crosswalk is installed in the front door, and a large truck was parked on the left side of the defendant's vehicle at the time, and the view was not well secured. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while paying attention to the safety of children, such as complying with the speed of 30 km/h within the children's protection zone, stopping at a speed of 30 km in front of the crosswalk, keeping the front door and left door well, operating the steering gear and brake system accurately.

Nevertheless, the Defendant neglected this and did not temporarily stop without temporarily stop in violation of the speed limit within the children's protection zone, and did so on the left side of the Defendant's proceeding direction by taking the victim G (V, 11 years old) who dried up the crosswalk on the right side of the crosswalk in the right side of the Defendant's proceeding.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, i.e., the left-hand son suffering from the need to receive approximately nine weeks medical treatment.

Summary of Evidence

1. The application of Acts and subordinate statutes in the analysis of traffic accidents by the Defendant’s legal statement of the traffic accident, on-site photographs, written statements of the occurrence of the traffic accident (Evidence No. 5), diagnosis certificates (G), designation of D children protection zones, photographic images of suspect drivers, and road traffic accident analysis by the Road Traffic Authority;

1. Article 5-13 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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;

1. Article 70(1) and Article 69(2) of the Criminal Act (hereinafter “the Criminal Act”) shall order provisional payment.

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