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(영문) 전주지방법원 2020.05.12 2019고단1790

교통사고처리특례법위반(치상)

Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving kickboard driver without a license plate, which is an individual mobile device.

At around 00:56 on May 15, 2019, the Defendant driven the front road of the Jackjin-gu, Seoul, and the front road of “C” on the electric kickboard, and proceeded at the speed of speed in the direction of “D” from the direction of “D.”

At the time, the Defendant, prior to the same direction, was behind the electric kickboard of the victim E (the 56-year-old driver), and in such a case, the Defendant had a duty of care to reduce speed to those engaged in driving service and properly operate the steering gear and the steering gear, and to safely drive the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time, and neglected to do so, and the Defendant got off the electric kickboard of the victim's driving prior to the same direction with the electric kickboard.

As a result, the Defendant suffered from the victim’s occupational negligence by causing approximately eight weeks of medical treatment to the left-hand side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of the traffic accident report (1) (2) and the Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

(b)bed;