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(영문) 수원지방법원 성남지원 2018.05.10 2018고단219

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 bicycle.

On September 21, 2017, the Defendant, around 16:38, proceeded with a bicycle-only road near Sungnam-gu bus stops located in Sungnam-gu, Sungnam-gu, Seoul, with a view to a view to a view to a view to a view from the backside of the space where the bicycle-only road was gathered.

There is a duty of care to prevent accidents due to the operation of a bicycle without reporting by accurately manipulating the steering and operating the steering system in a way that is divided into a bicycle-only road and a sidewalk.

Nevertheless, the defendant did not discover the victim C (at the age of 56) who was waiting for a bus at the time of reporting due to negligence in driving a bicycle by neglecting this, and did not discover the victim C (at the age of 56) and caused the damage to the front part of the bicycle to exceed the floor.

Ultimately, the Defendant suffered injury to the victim, such as the complete escape of the right-hand side of the bad faith, which requires at least four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that a victim suffers serious injury due to the negligence of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the victim was not agreed upon is unfavorable to the defendant, the defendant is against the defendant, the victim bears the degree of KRW 1.9 million for medical expenses of the victim, and the fact that there is no other criminal record except for the previous offense of fines in 1997, shall be determined by taking into consideration the circumstances favorable to the defendant