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(영문) 대구지방법원 2014.10.22 2014고정870

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Criminal facts are those who are engaged in driving service of bicycles.

On January 21, 2014, the Defendant driven the above bicycle as his work, and proceeded ahead of the bus platform of the Clurrysan apartment apartment in Daegu North-gu, Daegu-gu, on the lurgic Home Plurg, from the lurgic Home Plurg, to the durgical durgical durgical durg.

In this case, since there is a distinction between a roadway and a sidewalk for pedestrian traffic, a person engaged in bicycle driving service has a duty of care to pass along the roadway.

Nevertheless, the Defendant neglected this and got the part of the victim C(51) issued in front of the bus platform due to negligence on the sidewalk.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the left-hand neck part requiring medical treatment for about two weeks due to such occupational negligence.

2. Summary of evidence;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, etc., photograph of the accident, bicycle, actual condition survey report, diagnostic certificate, and photograph of the accident site;

3. Application of statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (All the circumstances indicated in the record, such as the first offense, the fact that the victim was killed in the hospital and received medical treatment after the accident, the payment of medical expenses, etc., the Defendant first reported the accident to the police, and the victim also stated in the police that there was no intention to punish the Defendant);