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(영문) 의정부지방법원 2013.10.29 2013고단2321
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 18:50 on May 15, 2013, the Defendant: (a) was a bicycle driver; (b) while driving a bicycle on the bicycle lane in front of 82-15, Namyang-si, Chungcheongnam-gu, Chungcheongnam-do, in order to drive the bicycle at an insular speed in an insular speed; (c) was negligent in driving the bicycle, driving the bicycle back to the front direction while neglecting the duty of the front direction; and (d) the victim C (66 years of age) who was driving a bicycle on the part of the arms above the designated lane and driving the bicycle on the part of the arms side; and (c) was forced to go beyond the road to avoid the Defendant; and (d) the victim C (66 years of age) who was walking on the bicycle in the opposite direction was forced to go beyond the road for about 24 weeks, thereby suffering from injury, such as the closing frame of the c

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a medical certificate (C), a written opinion, and a medical opinion (whether or not to cause serious injury);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is very serious without complying with the defendant's net loss. Thus, the defendant's result and the nature of the crime in this case is not very good, and the defendant's failure to receive the victim's letter, etc. requires a strict punishment against the defendant.

However, the defendant appears to have committed a crime, although he did not want to recover the victim, he appears to have prepared and deposited 5 million won by making his best effort, the defendant promising the recovery of damage later, the defendant seems to have caused the expansion of the victim's safety hair-use accident at the time of the accident due to bicycle accident, and the defendant is all the defendants.

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