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(영문) 대구지방법원김천지원 2020.10.06 2020고합49
특정범죄가중처벌등에관한법률위반(어린이보호구역치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a EXE car.

On July 1, 2020, the Defendant driven the said car on July 18, 2020, and moved the front road of D Kindergartens in the old city of the United States for the purpose of parking from D Kindergartens to Fsides.

Since it is a child protection zone, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is able to protect children's safety and prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected to do so and neglected to do so, and caused the damage to the left side of the victim G (Woo, 11) who passed behind the defendant's vehicle due to the negligence that caused the defendant's vehicle back.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the part of the arms elbow, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents in the protocol of statement by G police, the actual situation survey report and photographs, the current status of children protection zones (E), CCTV images for crime prevention, and the application of Acts and subordinate statutes to the Gu and America;

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;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The sentencing grounds under Article 334(1) of the Criminal Procedure Act include the following conditions: the Defendant’s age, character, conduct, occupation, family relationship, motive leading to the crime, means and consequence of the crime, and the circumstances after the crime is committed shall be determined as ordered by taking into account the following circumstances.

A disadvantageous situation: A child protection zone is a zone designated in consideration of the frequent passage of children, such as school, housing, or apartment complex, and thus, the defendant who has driven a place is cautioned separately.

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