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(영문) 의정부지방법원 2019.09.04 2019고단1900

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BCA110E motor bicycle.

On January 20, 2019, the Defendant driven the above motorcycle on January 20, 2019, and proceeded with D- One-way road, which is located in Scheon-si C, in the direction of Hocheon-si, in the direction of Hocheon-do.

At the time of night, there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle, to see the front door, and to operate the steering and brake system accurately and safely.

Nevertheless, the defendant neglected his duty of care and did not properly perform his duty of care and did not go against the victim F(30 years of age) due to negligence, thereby resulting in the victim's loss requiring approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. A photograph of each accident site;

1. The form of victim F;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations according to the sentencing guidelines by the Supreme Court] The traffic crime group has the history of punishment for the same kind of crime, including the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Guarantee of Automobile Accident Compensation Act, even before the defendant's sentence is rendered.

The defendant caused a traffic accident that causes pedestrians to shock due to negligence, which has neglected the duty of front-time care in the night, and the victim suffered 12 severe injury due to the accident.

There is a question as to whether the damage suffered by the victim has been sufficiently compensated due to the failure to receive a letter from the victim, and the motor vehicle comprehensive insurance is not covered.

However, it is against the fact that the defendant is recognized to commit a crime.