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(영문) 대구지방법원 의성지원 2017.09.21 2017고단243
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 test-wheeled bicycle.

On May 2, 2017, the Defendant driven the above bicycle around 08:20 on May 2, 2017, and proceeded ahead of the Sung-si bus terminal located in the three-lanes of Sung-gun, Sung-gun, Sung-gun, Seongbuk-gun, Seongbuk-gun, in the direction of a sexual bridge from the surface of the far-distance bank of North Korea.

Since there is a crosswalk where a pedestrian signal, etc. is installed, in such a case, the defendant engaged in driving of the bicycle has a duty of care to safely drive the bicycle in accordance with the traffic signals.

Nevertheless, the defendant neglected to do so and brought about the left side of the victim C (V, 79 years old) who dried the crosswalk in accordance with the Mad pedestrian safety by negligence, with the front wheels of the bicycle.

As a result, the Defendant suffered injury to the victim as a result of the above occupational negligence, i.e., cutting down the body part of the pelle which requires approximately four weeks of medical treatment, or the closing of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against 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. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is as follows: (a) the degree of negligence is not small; and (b) the defendant's failure to recover damage and the victim's punishment is sought because he did not agree with the victim, etc., it is necessary to strictly punish the defendant.

However, the defendant recognizes his mistake.

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