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(영문) 부산지방법원 2018.06.21 2018고단222
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a BEAVER bicycle.

On September 14, 2017, the Defendant driven a bicycle with a motor device around 14:30, while driving the bicycle, which led to the passage of the road from the central market to the intersection of the daily road.

A person who is engaged in driving a motor bicycle has a duty of care to accurately operate the steering direction and brake system of motor devices and to prevent accidents in advance by putting the steering direction and side well.

Nevertheless, the Defendant neglected to do so and found the victim E (W, 78 years old) who was proceeding in the front of the front of the bicycle and did not escape, but did not go back to the ground with the front of the victim's bicycle.

Ultimately, the Defendant suffered injury to the victim, such as a ductal team, etc. in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to 1/2 of motor vehicle accidents, photographs related to traffic accidents, and written statements on the occurrence of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from April to one year) (any person who is in special sentencing) of the types of general traffic accidents; and

2. Although the degree of injury of the victim who was sentenced to punishment is not less light and has not been taken from the victim, sentencing should be imposed as ordered in consideration of the background of the accident, the age, health conditions, etc. of the victim.

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