beta
(영문) 수원지방법원 2017.06.28 2017고단1441

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 October 15, 2016, the Defendant: (a) was a person engaged in driving of a vehicle B with low-speed car, and the Defendant: (b) stopped the bicycle on the two-lane side of the two-lane road in Suwon-si, Suwon-gu, Suwon-si, Suwon-si; (c) checked the vehicle behind the driver’s seat while getting off the driver’s seat; and (d) neglected his duty of care to prevent an accident, such as safe opening of the driver’s seat, while neglecting the duty of care to prevent the accident; and (c) caused damage to the victim D (71)’s bicycle driving on the left side of the vehicle at the time of the accident, which was driven by the driver’s seat of the said vehicle; and (d) caused damage to the victim, such as decline in the driver’s ability to prevent the first diagnosis from spreading the right side of the vehicle; and (d) caused damage to the victim, such as decline in the driver’s ability to prevent the injury to the victim, such as decrease in the shape of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, a photo-fluence, a field photograph, a medical certificate, a medical opinion, and a statement of opinion;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing] of the Act on the Suspension of Execution (the grounds for sentencing) [the scope of recommendation] of general traffic accidents in cases where an accident or serious injury occurred in operating a bicycle (the period from April 1 to year), which is the basic area (the period from April 1 to year), in cases where an accident or serious injury occurred in operating a bicycle (the special mitigation of punishment)

As much favorable circumstances - The Defendant recognizes all criminal facts. The Defendant is punished by a fine so far.