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(영문) 서울북부지방법원 2014.09.02 2014고단2203
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor bicycle.

On January 28, 2014, the Defendant driven the above motorcycle on January 15, 2015, and started from the parking lot the front sidewalk of 244-155, Jung-gu, Seoul, the Defendant started from the parking lot to proceed to the same speed about about 20 km, and therefore, in such a case, the Defendant has a duty of care to temporarily stop the vehicle on the road where the sidewalk and the roadway are separated, and to check and drive the vehicle without pedestrians who walk the sidewalk.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes due to the failure of driving, and caused the instant motorcycle to go ahead of the said motorcycle by negligence by leaving the said motorcycle in the future, and received the shoulder part of the victim D (the age of 64) who walked the said sidewalk to the direction of drinking in the middle basin.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by the victim, such as the left-hand pelle managing member who requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

Although the defendant's reason for sentencing was the situation that the victim who had driven a motorcycle while driving the motorcycle, was shocked to a relatively heavy injury, the defendant is the first offender who has no criminal power, and the defendant is himself.

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