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(영문) 서울남부지방법원 2021.02.04 2020고단4340
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2020, the Defendant, who is engaged in driving a motor device bicycle, was driving the bicycle on July 23, 2020, along with the entrance from the apartment complex of Yangcheon-gu Seoul apartment complex to the entrance from the apartment complex.

At the same time, there was a road where there was a slope, and there was a pedestrian walk, so in such a case, there was a duty of care to prevent accidents by safely driving an accident by properly operating the steering gear, steering gear, brake system and other devices.

Nevertheless, while the Defendant neglected to stop the vehicle, the Defendant got the victim's body part of the victim D (V, 62 years old) who passed the bicycle on the right side due to the negligence of destroying the bicycle to the right side of the bicycle, and had the victim go beyond the floor due to the shock.

Ultimately, the Defendant suffered injury to the victim, such as the lower frame of the aggregate, accompanied by a slope, such as requiring approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the occurrence of a traffic accident, a written statement (D), a criminal investigation report (CCTV verification), a CCTV image photograph;

1. Application of Acts and subordinate statutes (D);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order under Article 62 (1) of the suspended execution of the Criminal Act;

1. One to five years from a credit cooperative within the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general traffic accident [type 1] there is no person causing a traffic accident (the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], April through January of the credit cooperative.

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