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(영문) 인천지방법원 부천지원 2018.10.12 2018고단2038
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

Defendant is a person engaged in the operation of electric kickboards.

On July 6, 2018, at around 08:16, the Defendant driven the kickboard on the front-dong, Jeoncheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 482, Seocheon-gu, the sports complex reported to the direction of the general sports ground from the station to the direction of the general sports ground.

The driver of the vehicle shall pass along the roadway on the road that is divided into the sidewalk and the roadway, and the driver of the vehicle has the duty of care to prevent the accident by driving safely by carefully examining the situation of the right and the right and the right in the place where the view is not secured.

Nevertheless, the defendant's negligence of driving a sidewalk by neglecting this, and found the wheelchairs of the victim B (64) who passed the electric wheelchairs on the left side from the front right side of the driver's operation before the driver's operation to the left side, and did not avoid it, and the defendant did not drive and received the electric wheelchairs of the victim and the right side of the victim.

Ultimately, the Defendant suffered injury to the victim, such as the right alley, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. B written statements;

1. A report on generation, a report on actual condition survey, and photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the reason for sentencing unfavorable to the Defendant. The Defendant’s operation of the sidewalk on the kick, which caused the instant traffic accident, and the Defendant’s occurrence of eight weeks of injury is the reason for sentencing disadvantageous to the Defendant.

However, the defendant reflects the wrong and has no record of criminal punishment, and the occurrence of the traffic accident in this case.

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