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(영문) 인천지방법원 2018.09.05 2018고단4206
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C 114cc motor vehicles and bicycles.

On May 4, 2018, the Defendant driven a bicycle for the motor device and proceeded at a speed from the eth heading office to the eth heading distance from the eths of Incheon strengthened Ma, while driving the bicycle at a speed from May 4, 2018.

Since there is a place where a sidewalk for pedestrian traffic is installed, the driver of the vehicle has a duty of care to prevent accidents in advance by temporarily stopping the vehicle when crossing the sidewalk in order to allow the driver of the vehicle to enter a place other than the road, and by reporting whether there is no pedestrian driving on the sidewalk by checking the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and got the victim F (77 years) who passed the sidewalk due to negligence while driving the sidewalk, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as blood transfusion, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

D. Unfavorable circumstances: while the defendant driving a motor bicycle and driving the bicycle for delivery, the accident of this case caused the injured person, and the degree of the defendant's occupational negligence is relatively heavy, and the injured person is serious.

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