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(영문) 춘천지방법원강릉지원 2020.11.26 2020고합54
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

A defendant shall be punished by imprisonment for one year.

However, 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 who is engaged in driving of B SP car.

On May 24, 2020, the Defendant driven the said car at a speed of about 53 km per hour, along with one lane from the side of the valley, driving the said car at a speed of about 19:01, and driving the two lanes in front of D in front of C in the East Sea at the time of the East Sea.

At this point, the traffic signal and crosswalk are installed in the front section of the traffic signal with a yellow flickering signal as well as the children protection zone, so in such a case, the driver of the motor vehicle has a duty of care to prevent the traffic accident by driving the motor vehicle while paying attention to the safety of children, such as making sure that the driver of the motor vehicle is a person engaged in driving the motor vehicle, driving the motor vehicle in accordance with the above signals and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not see the right and the right and the right and the right and the right and the right and the right and the right and the speed of the provision speed exceeding 23 km per hour in contravention of yellow on-and-off signal, and due to the negligence, at the speed of about 53 km per hour, left from the right and right side of the Defendant’s running direction, the Defendant’s victim E (n.e., the 5-year old) was placed on the front right side of the vehicle of the Defendant and went beyond the floor.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as seen above, such as damage to less than 20 weeks of less than 10 weeks of medical treatment, damage to the number of traumatic air, ductal and ductal aggregate, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and accident-related video CD;

1. A medical certificate and a medical opinion;

1. Reporting on the occurrence of a traffic accident, on-site map of a traffic accident, traffic accident-related photographs, and analysis of traffic accidents;

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. Article 62 of the Criminal Act:

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