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(영문) 인천지방법원 2019.07.19 2019고단3840
교통사고처리특례법위반(치상)
Text

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

except that 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 operates a bicycle.

On March 4, 2019, the Defendant driven the above bicycle around 10:10, and proceeded ahead of the public service center of the Gyeyang Police Station in Gyeyang-gu Incheon, Gyeyang-gu with a view to keeping the front of the public service center of the Gyeyang-gu, Gyeyang-gu, Incheon.

Since there is a place where a sidewalk for pedestrian traffic is installed, when a driver of a vehicle crosses the sidewalk to pass along a roadway and to enter a place other than the road, he/she has a duty of care to temporarily stop the sidewalk and cross the sidewalk well by checking whether there is a pedestrian who passes the sidewalk, and to prevent the accident from spreading.

Nevertheless, the defendant neglected this and got the body of the victim B (V, 56 years old) who passed the sidewalk due to negligence by neglecting it to go beyond the floor.

As a result, the Defendant suffered injury, such as a ductal flavating the body of a decedent, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of traffic accidents, a report on the actual condition of traffic accidents, and a report on investigation;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of type] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] mitigation element of traffic accident resulting from the injury of traffic accident (special person for special appearance]: bicycle riding;

[Recommendation Area and Scope of Recommendations] Reduction Area, January to August of the Treasury;

2. The fact that the victim's injury to the sentence is serious is a disadvantageous condition, that is an accident causing the bicycle riding, and that the defendant does not have any previous conviction or criminal record exceeding the fine, etc.;

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