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(영문) 부산지방법원 2015.12.23 2015고단6579
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a bicycle.

On September 5, 2015, the Defendant driven a bicycle around 09:30 on September 5, 2015, and led to the passage from the sloping ecological sports park to the sloping along the direction.

There are access roads to the above sports park, and traffic safety signs prohibiting entry from the defendant's running direction have been installed, so there was a duty of care to prevent a bicycle driver from entering the above road according to the above signs, and to prevent accidents by checking well.

Nevertheless, the defendant neglected to do so and proceeded with the above road with the right side of the bicycle driven by the victim C(59 years old) who was driving in the direction opposite to the defendant's running direction by the negligence of proceeding the above road with the right side of the bicycle driving by the defendant, leaving the victim above the floor.

As a result, the Defendant suffered injury to the victim by his occupational negligence during the 12-day period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of occurrence of a traffic accident prepared C;

1. The provisions of Acts and subordinate statutes shall apply to traffic accident reports (1) (2), photographs of the scene of the accident, bicycles for the driving of suspects, reports on the occurrence of traffic accidents

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Determination of a type) general traffic accidents, Type 1 (Bodily Injury by Traffic Accidents), mitigation area (Special Convicts) and accident and penalty surcharge (the scope of sentencing and sentence) caused by driving a bicycle, one month to six months;

2. Determination of sentence: The same kind of agreement is reached with the victim as a result of the closing of argument.

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