A driver in his 50s who hit a 10-year-old child in a children’s sanctuary was also acquitted at an appeal.
Gwangju High Court Jeonju Tribunal 1st Criminal Division (presiding judge Kim Seong-ju) dismissed the prosecutor’s appeal at an appeal against Mr. A (57, female), who was accused of violating the Certain Criminal Aggravated Punishment Act (priority to the Children’s Protection Area), and sentenced him to acquittal. Kept one centrifuge.
Mr. A was accused of hitting Ms. B (10) by car in a children’s protection area on a road in Wansan-gu, Jeonju-si, Jeonbuk at 5 pm on April 28 last year, and inflicting 8 weeks of injuries.
Traffic accidents due to speeding and traffic violations in children’s protection zones (school zones) are constantly occurring. Freelancer Kim Seong-tae
In this accident, Ms. B is known to have fractured the ankle bones inside and outside the ankle.
The court sentenced him not guilty based on the results of a traffic accident analysis report by the Road Traffic Authority.
Looking at the video of Mr. A’s car black box, it took about 0.7 seconds from the point of the victim’s appearance to the point of the collision. Based on the defendant’s vehicle speed of 28.8 km/h, the time required to stop after recognizing the danger was estimated to be about 2.3 seconds and the stopping distance of 13.2 m.
The prosecution said, “Since there is a crosswalk without traffic lights and it is designated as a children’s protection zone, Mr. A had to slow down and look ahead, but the defendant neglected this and proceeded without slowing down in front of the crosswalk and crossing the crosswalk. He struck Dunn’s victim and seriously injured him.”
However, the judge explained, “Mr. A proceeded to the traffic accident point at a speed of 28.8 km/h, and there were no pedestrians passing through the crosswalk before the accident.” “The time from the time the victim can be recognized to the time of the collision is 0.7 seconds,” he said. “No matter how accurately the defendant manipulates the steering or brake system (at the time of the accident), it seems that the accident will not be avoided.”
The prosecution appealed for reasons such as misconception and legal misconduct.
Meanwhile, the Civil Diet Act, which came into effect in March last year, refers to the relevant provisions of the Specific Crime Aggravated Punishment Act, which strengthened punishment for traffic accidents in the school zone. In the event of an accident in the school zone and injuries to the victim, they are subject to imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 5 million and 30 million won. It was named after Kim Min-sik (9 years old), who died in a traffic accident in the school zone in front of an elementary school in Asan-si, Chungcheongnam-do in September 2019.
Reporter Lee Hae-jun [email protected]