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(영문) 인천지방법원부천지원 2020.11.19 2020고단1083
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for 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 bicycle riding.

On November 3, 2019, at around 12:30, the Defendant driven a bicycle-only road of 186 Gapo-ro 58, Gapo-ro, Kimpo-si, Kimpo-si, Kimpo-si, 201, and driven a bicycle from the Gapo-ro of Incheon to the Kimpo-ro.

At the same time, a bicycle driving service provider has a duty of care to safely drive a bicycle and prevent accidents by driving the bicycle in advance, such as driving the bicycle in front, accurately operating the steering direction and brake system.

Nevertheless, the defendant neglected this and caused the defendant's bicycle driving and the victim's body b (n, 64 years old) to have the front wheels of the bicycle.

Ultimately, due to the Defendant’s occupational negligence, the victim suffered bodily injury, such as brain-dead sugar and sacrificing with no two wifes for about 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] mitigation element of traffic accident (special-speed person]: The area of accident caused while driving a bicycle [the area of recommendation and recommendation range] mitigation range, and January through August of a credit cooperative;

2. Determination of sentence: Determination of sentence: Four months of imprisonment without prison labor, the occurrence of the result of the injury inflicted on the victim by the whole negligence of the defendant for one year of suspended execution, the occurrence of failure to agree with the victim, and the daily life liability insurance to which the defendant has subscribed

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