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(영문) 수원지방법원 성남지원 2018.04.12 2018고정170

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On October 26, 2017, the Defendant driven the above bicycle at around 15:30 on October 26, 2017, and driven the D's clothes, which are located in Sungnam-gu, Sungnam-gu, Seoul, with the speed from the bank market to the central hospital.

Since there is a place where a sidewalk is installed, in such a case, there was a duty of care to prevent a person engaged in driving service from driving a sidewalk.

Nevertheless, the victim E (the age of 81) was placed on the right side of the bicycle while neglecting this and driving it on as is.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence after an artificial high-water treatment for about 12 weeks, and after the artificial high-water treatment for the victim, the Defendant suffered injury to the right side of the body in which the artificial high-water treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accident report of E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning the closure of an accident image;

1. Relevant Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the fact that the defendant is against his/her will, the fact that the defendant has agreed with the victim smoothly, the primary fact that the accident occurred, the circumstances in which the accident occurred);