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(영문) 서울동부지방법원 2020.04.16 2020고단547
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On November 14, 2019, the Defendant driven a bicycle on November 18, 2018, and led the front of Gangdong-gu Seoul to the astronomical Park from the Han River.

There are crosswalks where signal lights are installed, and in such cases, the driver of the bicycle has a duty of care to safely operate the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the steering system of the bicycle, and to prevent the accident by operating the steering system in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim C (the age of 81) who was crossing the crosswalk from the right side of the time-main bicycle riding direction to the left side of the pedestrian signal to go beyond the road by taking the bicycle front.

As a result, the Defendant suffered injury, such as the completion of abandonment to the left-hand side, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual situation of accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Reduction elements of types 1 (the injury resulting from a traffic accident) (special multiple-class person) and reduction areas of punishment according to the sentencing guidelines: Not more than eight months of imprisonment without prison labor;

3. Determination of sentence [Incompetence] around 2018, there has been a record of having already been issued a summary order for the same kind of crime.

The degree of injury of the victim is serious.

【Ligue circumstances】

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