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(영문) 인천지방법원 부천지원 2018.09.13 2018고단1273

교통사고처리특례법위반(치상)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle as his/her duties.

On May 2, 2017, the Defendant operated a bicycle on May 22, 2017, at the apartment park 15 as the early floor of Seocheon-si, Seocheon-si.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to refrain from operating by a sidewalk.

Nevertheless, the Defendant neglected this and received the body of the victim C (V, 62 years old) who walked on the sidewalk by negligence while driving a bicycle on the sidewalk, as the front part of the bicycle, and caused approximately eight weeks of pressure to put the victim over the floor, thereby causing the victim to suffer approximately eight weeks of pressure.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, and diagnostic certificates;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence [3 million won in punishment and one day in custody of a workhouse; 100,000 won in a workhouse;

H. According to the records, the defendant operated a bicycle on the commercial lake park's book, and the sidewalk and the bicycle track are divided into one another, and the road was reported by the point where the accident occurred. ② The defendant agreed smoothly with the victim, ③ if the point where the accident occurred was the bicycle track, it is a matter to be dismissed under the Act on Special Cases Concerning the Settlement of Traffic Accidents, ④ the defendant is an initial offender who has no criminal record by university students, ⑤ The purpose of the main text and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is to punish only when the traffic accident is a serious fault.