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(영문) 서울중앙지방법원 2018.05.30 2017고단8445
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 the business of driving a motor device or bicycle.

On October 20, 2017, the Defendant driven a bicycle for the above engine device at around 12:00, and proceeded in the direction of lighting distance from the surface of the shooting distance of the Gu office among the front E-Do first line in Seoul Jung-gu. D.

Since there are frequent passage of people and many people crossing the road, a person engaged in driving duties of motor vehicles, including motor vehicles and bicycles, including motor vehicles, has a duty of care to prevent accidents by properly manipulating the steering gear and brake system and properly manipulating it.

Nevertheless, the Defendant neglected this and found the victim F(57) who crosses the road to the right side from the left side of the motor device bicycle riding direction by negligence that neglected to do so at the front side, and suffered injury, such as motor device wheel mincing mincing the left side in need of approximately 14 weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the occurrence of the F traffic accident;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of confession, deposit, record of crime, etc.);

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