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(영문) 수원지방법원 안양지원 2014.10.24 2014고단1237
교통사고처리특례법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant driven a bicycle at around 18:30, while driving a bicycle, continued to run a forum in front of the Anyang-dong in the Mayang-gu, Manyang-gu.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to prevent a person engaged in driving a bicycle from infringing on the sidewalk.

Nevertheless, the Defendant neglected this report and operated a bicycle, but failed to properly operate the operation and steering gear of the bicycle, and caused the victim C (V, 71 years old) who was walking around the defendant's direction to shock the victim C (V, 71 years old) who was walking over the floor.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 8주간의 치료가 필요한 좌측 무릎뼈의 골절, 폐쇄성 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of statutes of the Medical Certificate of Injury of May 13, 2014

1. Article 3(1) and proviso of Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Article 59 (1) of the Criminal Act of the suspended sentence (Taking into account that it may result in an excessive harsh treatment to the defendant if the sentence is to be imposed in light of the fact that the criminal conduct is against depth, that there is no record of criminal punishment, that the victim does not want the punishment, that the victim would not want it, age, living environment, etc.);

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