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(영문) 인천지방법원 2019.08.22 2019고단4180
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On October 9, 2018, at around 15:49, the Defendant, who is engaged in bicycle driving, proceeded with a way to prevent the decline of the front road of Michuhol-gu Incheon, Michuhol-gu, Incheon from the c apartment room to the d apartment room.

It is a road where vehicles are parked on both sides of the road and pedestrians are frequent, so in such cases, a bicycle driver has a duty of care to prevent accidents by safely driving a bicycle driver by taking into account the situation of the front door and right door and right door.

Nevertheless, the Defendant neglected this and caused the collision of the victim E (V, 76 years old) walking in the front direction of the Defendant's running by negligence while driving a bicycle.

As a result, the Defendant suffered injury to the victim, such as friend friend friend friend friend frienda, which requires medical treatment for about 12 weeks due to the above occupational negligence, resulting in a friend friend or incurable disease

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Medical certificates and medical statements;

1. Statement made to F and G by the police;

1. Application of Acts and subordinate statutes to investigation reports (attached to written determination on disability ratings);

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. Basic area (from April to one year) of the first category of general traffic accidents, the scope of which is recommended;

2. Where an accident or serious injury occurs while operating a bicycle to be mitigated specially;

3. Determination of sentence: 8 months of imprisonment without prison labor and 2 years of suspended sentence (the details of the crime at the time of sale, the reasons for the above sentencing, and other factors such as the age, character and conduct, environment, circumstances after the crime, etc.);

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