교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 29, 2014, the Defendant driven a bicycle on July 23, 2014, and operated the roads near Yeongdeungpo-gu Seoul Metropolitan Government D as the area of the Yeongdeungpo-gu Park at the roadside.
At this point, there were pedestrians walk on the downside, so there was a duty of care to reduce the speed for those who are engaged in the bicycle riding and to prevent accidents by driving the bicycle first after driving the direction of pedestrians.
Nevertheless, the Defendant neglected this and operated to the right side without reducing speed, and was the victim E (the age of 27) who avoided the Defendant’s bicycle in the same direction.
Ultimately, the Defendant suffered serious injury by permanently losing both sides of the victim’s view from occupational negligence as above.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. A written statement in F and G preparation;
1. Written statement as to whether serious injury exists;
1. The actual condition survey report;
1. A medical certificate;
1. Application of statutes on site and bicycle photography;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is the case where (a) the basic area (including a person who has been specially mitigated) / (including a serious effort to recover from damage) / (a) the basic area of punishment (a person who has been specially mitigated) / serious injury (a sentence shall be sentenced] / (b) the decision of sentence is heavy in light of the defendant's negligence and degree of damage, etc., but the defendant generally recognizes and reflects the crime; (c) the defendant deposits KRW 100,000 for the victim; (d) the accident in this case occurred in the same direction; (e) the victim has no criminal records; and (e) the defendant has no criminal records; and (e) the defendant has no criminal records after committing the crime.