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(영문) 서울북부지방법원 2016.02.18 2015고단4059
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving a motor device B bicycle.

On May 19, 2015, the Defendant driven a bicycle for the motor device at around 04:52, and driven a five-lane road in front of the Korea University Ki University Kidong in Seongbuk-ro Seoul, Seongbuk-gu, in accordance with three-lanes from the side of the Seoul Sejong Cancer Police Station to the 40-lane in speed.

At the time, there was a crosswalk where signal lights are installed at night, so there was a duty of care to check whether there was a person who drives a motor device bicycle, and to safely drive the motor and prevent the accident in advance by safely driving it.

Nevertheless, the defendant neglected this and neglected the vehicle stop signal while he neglected the front direction, and found the victim C (at the age of 62) who walked on the right side of the crosswalk in accordance with the pedestrian signals from the left side due to the negligence in violation of the signal, which led the defendant to go beyond the floor by obtaining the victim from the front side of the motor device of the defendant's driver's driving engine.

Ultimately, the Defendant suffered injury to the victim, such as the pressure pressure of the first main body, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. CCTV duplicating photographs, CCTV image CDs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a victim telephone);

1. The reason for sentencing of Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act regarding criminal facts, and Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act [the scope of recommended punishment] the aggravated area (from August to one year and six months) (the special aggravated person] of Article 3(2) of the Act.

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