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(영문) 인천지방법원 부천지원 2013.05.10 2013고정116
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On October 14, 2012, at around 22:20, the Defendant driven the bicycle and proceeded with the bicycle-only way of 1185 prior to the 1185-dong, Seocheon-si, Seocheon-si from the north apartment distance to the fire station shooting distance, and the Defendant passed the victim C (n, 61 years of age) who was getting a bicycle on the front side of the Defendant.

In such cases, a person engaged in driving of bicycles has a duty of care to overtake the bicycle in a safe way while maintaining a sufficient distance so that the person is not faced with the bicycle of the victim.

Nevertheless, the Defendant neglected this and neglected to maintain a sufficient distance from the victim’s bicycle, and neglected to overtake the victim, and caused injury to the victim, such as clouds, tensions, and tensions, which require approximately two weeks of treatment of the victim’s bicycle, with the back wheelss of the Defendant’s bicycle.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement inC);

1. Statement of the police statement regarding C;

1. The actual survey report and on-site photographs;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence ( comprehensively considering all the circumstances, such as the following: (a) the motive means to commit the instant crime; (b) the age, criminal background; (c) the Defendant’s primary offender; (d) the confession of and reflect against the instant crime; and (e) the conciliation is concluded in civil conciliation proceedings with the victim;

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