2020 High 350 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(Bodily Injury)

A

Periodical (prosecution) and Kim Jong-chul (Public trial)

Attorney Go Jin-young (Korean National Assembly)

September 18, 2020

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The Defendant is a person who is engaged in driving vehicles B and C.

On April 9, 2020, the Defendant driven the above vehicle on April 18:37, 2020, and led the road located in 76, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to proceed from the side of C apartment protection zone to the side of D apartment.

At this point, it is a children protection zone, and there is an intersection where there is no signal signal in the front door, and the view is not secured at all due to the building on the right side of the crosswalk. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by driving the vehicle with due care to ensure the safety of children, such as stopping the vehicle on a temporary stop line, checking whether there is a child who gets a driver of the vehicle, and checking the right and the right side of the crosswalk well.

Nevertheless, the Defendant neglected to stop in the temporary stop line without looking well of the surrounding areas, and went through the intersection, and the full part of the above vehicle was followed by the Defendant’s fault, which is a child E (ma, 10 years old) who was a child (ma, 10 years old) who was driving on a bicycle on the left side from the running direction of the vehicle to the left side of the road.

Ultimately, the Defendant suffered knee knee knee knee knee knee knee knee kne.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident;

1. An accident site photograph;

1. Blue fluor photographs by cutting down the black stuffs;

1. Protectivect images to be cut;

1. Photographs of a place of accident;

1. A written diagnosis of injury;

1. Review of accident video;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

1. The scope of applicable sentences under the law: a fine of KRW 5 million from KRW 30 million to KRW 30 million;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. According to the sentence, the crime of this case committed by the defendant in a temporary stop line in a children protection zone is deemed to have caused an injury to a child who drives a vehicle by negligence while driving the vehicle without well examining the right and the right and the right, and the nature of the crime is not good. It is inevitable to punish the defendant as equivalent to

On the other hand, the Defendant appears to be against the recognition of the instant crime. In the comprehensive insurance in which the Defendant was admitted, medical expenses for the victim appear to have been paid, and the victim’s legal representative does not want to be punished. Considering the circumstances favorable to the Defendant, the following circumstances and other circumstances are considered in favor of the Defendant: (a) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (b) the sentencing conditions specified in the instant argument, including the circumstances after the commission of

For the presiding judge and judge;

Judges Adjusted

Judges Jeon Soo-tae