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(영문) 수원지방법원 안양지원 2018.11.20 2018고단1304

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

On March 31, 2018, the Defendant driven a bicycle on March 23:51, 2018, and proceeded along the three-lanes in front of the corporate bank, which is located in the 345-ro of the Manyang-gu, Manyang-gu, Syang-si, along the two-lanes in Seoul, from the military airside to the military airside, and changed the three-lanes.

In such cases, there was a duty of care to inform a person engaged in driving of bicycles of the change of lanes by direction, etc., and to prevent accidents in advance by driving safely by safely keeping the traffic situation at the right and right.

The Defendant neglected to do so and negligently proceeded on three-lanes of the Victim C (20) driving on the other three-lanes, and received the left part of the victim C (20) driving on the other three-lanes as the Defendant’s bicycle right part.

Defendant 1 suffered approximately eight weeks of medical treatment due to such occupational negligence on the left-hand side of the victim, such as a flusium or other flusium.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Reports (1), (2) on traffic accidents;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended punishment on the sentencing guidelines: Any accident that happens while driving a bicycle in the mitigated area (one month to eight months) of the type of general traffic accident (in the case of causing a traffic accident), one month or eight months (in the case of a person subject to special mitigation) of the credit cooperative;

2. The sentencing conditions should be taken into consideration various sentencing conditions, such as the fact that the sentence is against the decision of sentence, the fact that the victim has received medical expenses, etc. through the loss insurance in which the defendant was admitted, the fact that the victim has not been agreed with the victim, the age, sex, environment, circumstances of the crime, circumstances before and after the crime