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(영문) 서울서부지방법원 2017.12.14 2017고단2705

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving a bicycle.

On May 19, 2017, the Defendant driven a bicycle around 06:40, and proceeded with approximately 20 to 30 km each hour at a speed of 20 to 30 km each other, from the south intersection where the Han River bicycle lane located in 17-gil 7, Yongsan-gu, Seoul, Yongsan-gu, Seoul, was distributed as a large intersection.

It is a place where many ordinary pedestrians pass, so in such a case, there was a duty of care for pedestrians to safely drive the steering gear by driving the bicycle with the view of the front door.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the shoulder part of the victim C (V, 83 years old) who walked in front of the Defendant’s person as a bicycle body and the Defendant’s body.

As a result, the Defendant suffered injury, such as minculating flavers, which requires approximately 12 weeks of treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation according to sentencing guidelines] O general traffic accident (the injury by traffic accident) in the mitigated area (one to eight months): An accident that occurred while driving bicycles (the decision of sentence] caused the accident of this case by negligence that the defendant neglected the duty of a front-time care, the elderly victim suffered serious injury due to the accident of this case, the defendant did not reach an agreement with the victim, and the victim tried to escape the defendant's severe punishment.

(b).