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(영문) 서울동부지방법원 2018.06.15 2018고단677

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

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

On November 17, 2017, the Defendant operated a bicycle for the above engine device around 21:15, and proceeded at a speed of about 40 km from the long distance of the Gu to the long distance of the Gu in the direction of the Gu in the Asia-gu, Seoul.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at the same time, so there was a duty of care to check whether a person engaged in driving service is a person who sets a way to reduce the speed and to see well the right and the right and the right and the right and the right and the duty of care to operate safely

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the floor by shocking the victim D (the age of 17) (the age of 17) who dried the pedestrian crossing from the right side of the bicycle running on the right side of the bicycle, with the right side of the bicycle, to the right side of the bicycle.

As a result, the Defendant suffered injury to the victim due to such occupational negligence as above, which requires approximately 10 weeks of medical treatment, such as the fever, the left-hand slot.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in which D traffic accidents occur;

1. The actual investigation report on traffic accidents;

1. A criminal investigation report, a criminal investigation report, and a criminal investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. In a case where the relevant legal provision on criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of the recommended punishment according to the sentencing guidelines] is an aggravated area (from August to two years): In a case where the illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the decision of sentence]: The defendant's person who caused damage to the crosswalk while driving in violation of the signal, and the reason for sentencing of imprisonment without prison labor is sufficient.