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(영문) 창원지방법원 밀양지원 2018.07.05 2017고단517
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 B.

On May 28, 2017, the Defendant driven a bicycle around 14:00, and proceeded in front of the 8th mix of the mix dedicated road for the flow of the Nakdong-dong bicycle located in Seoyang-gu, Seoyang-gu, Seosan-si, and was straighted from Yangsan-si to the hample-Eup located in Yangsan-si.

In such cases, a person engaged in the driving of a scambling has a duty of care to thoroughly drive the scambly on the front side, observe the scam well, and keep the center of the bicycle, not to obstruct the passage of others without exceeding the center line of the bicycle track, and to drive safely.

그럼에도 피고인은 이를 게을리 한 채 자전거의 중심을 잃고 자전거도로의 중앙선을 넘어 침범하여 진행한 과실로, 때마침 맞은편에서 정상적으로 직진하고 있던 피해자 C( 여, 54세) 운전의 첼로 자전거의 좌측 전면 부분을 피고인이 운전하던 자전거의 전면 부분으로 들이받았다.

As a result, the Defendant suffered injury to the victim during the foregoing occupational negligence during approximately 12 weeks to 14 weeks of treatment.

Summary of Evidence

1. Each legal statement of C, D, E, F, and G;

1. One and two traffic accidents reports;

1. On-site photographs;

1. A medical certificate;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes of each legal professional appraisal document (No. 30,32 No. 50);

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident [the sentencing conditions indicated in the records, such as the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., caused by driving a bicycle (one month to eight months) in the mitigated area (the special mitigated person].

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