(영문) 서울서부지방법원 2019.02.14 2018고단2431

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(영문) 서울서부지방법원 2019.02.14 2018고단2431

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the electric kickboard without a license plate, which is an individual mobile device.

On June 6, 2018, at around 09:40 on June 6, 2018, the Defendant driven the kickboard in Eunpyeong-gu Seoul, and continued to drive the bicycle-only roads with the direction of the kickboard in front C and the direction of the kick Station in the Gusan basin.

Since the location was followed by a two-wheeled vehicle driven by the victim D (the age of 60) before the same direction, a person engaged in driving service has a duty of care to secure a safe distance to avoid when the vehicle is avoided and to avoid it.

Nevertheless, the Defendant neglected to drive the two-wheeled automobile in the vicinity of the Defendant, who was negligent, received the latter part of the two-wheeled vehicle from the front kickboard, and had the victim go beyond the road.

As a result, the Defendant suffered injury to the victim, such as the Plaintiff’s 10-day medical treatment on the left-hand side of the 10-day medical care due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes to traffic accident reports, video data closure photographs, CDs, and diagnostic certificates;

1. Circumstances that are favorable to the grounds for sentencing of imprisonment without prison labor or a heavier punishment, under Article 3(1) of the relevant Act of criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Sentence, Article 268 of the Criminal Act, and Article 268 of the Criminal Act: The degree of injury inflicted on the victim is heavy, and the amount of injury has not been recovered for a considerable period from the investigative agency to the above court, and all of the sentencing conditions specified

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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