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(영문) 서울북부지방법원 2017.05.25 2017고단1382
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 operates a bicycle.

On January 26, 2017, the Defendant driven a bicycle around 16:50 on January 26, 2017, and driven the front road of the 147-dong 147, Dongdaemun-gu, Seoul, along the three-lane from the side of the grave to the Cheongsan Station, and changed the course from the two-lane to the two-lane.

In such cases, a bicycle driver shall not change course in a way that is likely to impede normal traffic of other vehicles, and has a duty of care to prevent accidents in advance by changing the lane safely in the situation of traffic.

Nevertheless, the Defendant neglected this and caused the victim D (47 tax) who driven Otoba in the afterma of the Defendant to go beyond the road to avoid the above bicycle, and caused the collision between the front part of Otoba and the front part of the above bicycle.

As a result, the Defendant caused the victim to suffer injuries by the above occupational negligence, which caused the victim to suffer injuries by crushing a flaver in the upper right shoulder, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

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

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. Standard for sentencing the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [type] The types of traffic accidents [the scope of recommending punishment] [the mitigated area of punishment] - Special mitigated person (one month to eight months of imprisonment without prison labor] - No person subject to criminal punishment after being sentenced to a fine in 1998 for an accident that occurred while driving a bicycle; Defendant has no economic ability to recover damage caused by age; Defendant is against the age, sexual behavior, environment, etc. of Defendant.

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