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(영문) 인천지방법원 2021.03.18 2020고합770
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a feld feld car.

On August 17, 2020, the Defendant driving the said car on the 15:14th day of August 17, 2020, which led to the moving of the distance in front of the Yeonsu-gu Incheon Metropolitan City, which is a child protection zone, from D apartment bank to E apartment bank, at a speed of about 20km per hour.

Since there is a protection zone for children and an intersection where a crosswalk without signal, etc. is installed, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance by driving the motor vehicle separately with due care for the safety of children, such as checking whether there is a child, by stopping on a temporary stop line and checking well the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to stop on a temporary stop and by bypassing it as it is, the Defendant received the bicycle front portion of the victim F, who was a child of the above crosswalk, who was a child of the above crosswalk, riding a bicycle in front of the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as kneee knee knee knee gelg gelging, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident prepared G;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on a traffic accident (1)-4), ctv image (folging);

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 criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The scope of sentencing under the law on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The scope of sentencing guidelines according to the sentencing guidelines of a fine of KRW 5,000 or KRW 30,000,000 is not set.

Determination of sentence: Fines of 7,00,000 shall be as follows:

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