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(영문) 의정부지방법원 고양지원 2017.08.31 2017고단1676
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was running at around 20:40, the apartment complex from the entrance side of the apartment complex, and the apartment complex was driven by C that is about 101 D apartment in Gyeyang-gu, Gyeyang-gu.

At that time, street lights and signal lights are not installed, and at that time, they are very difficult after sunset, so the Defendant has been negligent in complying with the speed limit in the apartment complex of 10 km each hour, while neglecting his duty of care to prevent accidents by closely examining the right and the right before and after, and after that, the Defendant’s bicycle driving on the road at a speed of 20 to 30 km each hour in the city where the music inside the apartment complex was set at a large frame, and the Defendant continued the bicycle going through at a speed of 20 to 30 km each hour while driving on the road at a speed exceeding the speed limit in the apartment complex. However, even if the bicycle driving on the right side from the front side without a speed reduction, the victim E (the 8-year old)’s bicycle driving on the right side from the front side of the above passenger car, and the victim’s bicycle driving on the road above the upper side of the road, and even if the victim on the road is driving on the vehicle below the lower side.

In conclusion, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as impairment of recognition function caused by damage to gymal leaves on both sides due to the cutting of ductal body, ductal body, ductal body, ductal body, ductal body, ductal body, face loss, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on the actual condition of a traffic accident, and on-site map of a traffic accident;

1. On-site photographs, on-site photographs, accident scene photographs, accident vehicles and bicycle photographs, and photographs by capturing black images;

1. Application of Acts and subordinate statutes of a medical certificate (E) and a medical certificate for victims;

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

1. The Criminal Act, the suspension of execution;

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