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(영문) 서울북부지방법원 2017.05.25 2017고단518
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle.

On November 15, 2016, the Defendant driven a bicycle at around 17:00, and led the Jung-gu Seoul Metropolitan Government Nowon-gu Seoul to drive the bicycle at the same time as a wing-ro.

In such cases, all drivers of vehicles have a duty of care to check pedestrians and prevent accidents in advance by checking the front side and left side of the vehicle.

Nevertheless, the Defendant, who neglected to perform his duty at the front time, caused knee of the victim D (maee, 73 years old) who was walking alone by negligence, to go beyond the victim by shocking the front part of the above bicycle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the six-day period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements conducted under wooden E);

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. Standard for sentencing the reasons for sentencing under Article 62(1) of the Criminal Act / [Type] Standard for sentencing the grounds for sentencing under Article 62(1) of the Suspension of Execution / [The scope of recommending traffic accidents] mitigated area (one month to August of the imprisonment without prison labor): Special mitigated person: The fact that no person was sentenced to sentencing for an accident caused in the course of driving a bicycle, nor was sentenced to sentence for sentencing for an accident caused in the course of driving a bicycle, the victim's medical expenses have been continuously borne, the fact that the defendant's mistake has been recognized in court, the fact that the defendant's mistake has been reflected in court, and all other conditions for sentencing prescribed in Article 51 of the Criminal Act

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