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(영문) 대전지방법원 서산지원 2021.01.27 2020고단192
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a bicycle.

On June 5, 2019, the Defendant driven the said bicycle for the combined passage of front bicycles and pedestrians at the Seocho-gu Veterans Center, Seosan-dong 19, a 19-gil, Seosan-dong, Seosan-dong, Seosan-do, and driven the bicycle toward the west distance from the side of the B school.

At the same time, there was a duty of care to prevent accidents in advance by properly manipulating the front side and the right and the right and the right and the right of the bicycle driver and properly manipulating the steering system for the bicycle driver.

Nevertheless, the Defendant neglected this and proceeded with the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

As a result, the Defendant suffered from the above occupational negligence the injury of the victim, i.e., the mouths in the mouths of the mouths of the 12 weeks, which require approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

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 the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The victim's injury is serious.

The defendant has almost contributed to the process of treatment and recovery of the victim.

The favorable circumstances: there is no reason under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant is against his own fault while recognizing his own negligence.

In addition, all the factors of sentencing, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.

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