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(영문) 대구지방법원 포항지원 2016.06.16 2016고단116
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On November 30, 2015, the Defendant driven a bicycle around 20:40, and cross the road across the first apartment zone from the west-gu Posco in order to cross the road on the front side of the primary house located in 408, along the south-gu Posco at the port.

At this point, there was a center separation of street trees, so that there was no duty of care to prevent a person engaged in bicycle driving service from breaking the center, and not to interfere with the flow of vehicles normally driving.

However, the Defendant neglected this and passed the central separation line, and caused the victim C(24 ) who driven the road from the side of the plaza to the square, driving the road from the side of the plaza by the negligence of crossing the road, and caused the victim to fall off from the upper part of the bicycle.

Ultimately, the Defendant suffered approximately seven weeks of treatment due to the above occupational negligence from double-water cutting to the right side of the Defendant, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A copy of a medical certificate;

1. Application of the actual investigation report on traffic accidents, and statutes governing the scene photographs of traffic accidents;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 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 selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] for a general traffic accident [the grounds for sentencing] under Article 62-2 of the Criminal Act: The following circumstances are that the defendant caused a traffic accident while crossing a road without permission and causing a traffic accident while driving a bicycle (the special mitigated person from January to June of the imprisonment without prison labor]. The circumstances are that the defendant caused a traffic accident while driving a bicycle, and that the defendant was punished by a fine for a traffic accident prior to about 20 years.

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