(영문) 대구지방법원 2020.01.22 2019고정1053

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(영문) 대구지방법원 2020.01.22 2019고정1053

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 2, 2019, the Defendant operated a bicycle around 14:40, and continued the front report of the Daegu Suwon-gu B commercial building in the middle-gu district court in Daegu-gu.

Since there are frequent places of passage of pedestrians, in such a case, there was a duty of care to prevent accidents in advance by driving the bicycle on the roadway without reporting the Defendant, and driving the bicycle on the roadway.

Nevertheless, the defendant neglected this and proceeded on the sidewalk without due attention to the passage of pedestrians, and the part of the right bridge of the victim C (the 25-year old) who walked around the bicycle of the defendant, was collisioned with the front wheels of the defendant's bicycle.

Ultimately, the Defendant suffered injury to the victim, such as a sloping on the right-hand bridge part, which requires treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (Article 59(1) of the Criminal Code (Article 300,000 won is to be imposed on the defendant; however, a minor accident that occurred during the bicycle driving; the defendant was responsible after the notification of a summary order; the defendant paid 2 million won as compensation for damage to the victim; the defendant was currently under pulmonary cancer treatment with 4 terminal cancer; there was no record of punishment after 1984; and the defendant's age had no record of punishment after 1984; and the defendant's age and examination results of the records and examination of the case, it is evident that the punishment is very low and that the

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제59조 제1항

-형법 제268조

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