logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2020.11.19 2020고합107
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On June 5, 2020, the Defendant driven the said car on June 16, 2020, and led to the intersection in front of the C apartment in the netcheon City along the two-lanes from the 16:05 side of the Gwangju District Court to D apartment.

At this point, it is a road designated as a neighboring child protection zone E, and a red light has been installed, so there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a vehicle to temporarily stop before entering the intersection and temporarily stop the right and the right and the right before entering the intersection, and driving safely while paying attention to the safety of children.

Nevertheless, the defendant neglected to stop without temporarily using a red light in compliance with the on-and-off signal of the red light, and was negligent by entering the intersection as soon as possible, and the defendant's driving from the front side of the F apartment entrance to D apartment at the direction of the F apartment entrance, which is the front side of the car driving by the victim G (ma, 11 years old) who is driving, led the victim to go beyond the road.

As a result, the Defendant suffered injury to the victim who is a child due to the above occupational negligence in the child protection zone, such as 10 weeks of medical treatment, felball, felball, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident, application of the Acts and subordinate statutes governing accident site photographs and accident video CDs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is 1.

arrow