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(영문) 서울중앙지방법원 2017.10.17 2017고단2840
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 one year 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 MaW110WH engine device bicycle.

On March 16, 2017, around 16:24, the Defendant continued to drive a two-lane road in front of the E Institute located in Dongjak-gu Seoul Metropolitan Government D at about 40km in the direction of the street from the direction of the street to the opposite direction.

On the one hand, there is a crosswalk where signal lights are installed, so it is necessary to confirm whether a person engaged in a motor device bicycle driver has a duty of care to reduce the speed and to see well the side well, while driving safely according to the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal is changed to the stop signal, and did not discover the victim F (the age 65) to the left side of the crosswalk using the crosswalk in accordance with the pedestrian signals, and did not discover the victim F (the age 65). The Defendant’s motor device bicycle front part of the victim’s motor wheel, which was the front part of the victim’s left side, went over the ground.

Ultimately, the Defendant suffered injury to the victim, such as the 2nd main body, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on traffic accidents and a survey report on actual condition;

1. Investigation report (the analysis of video recording of booms);

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the primary charge, the fact that the victim agreed smoothly with the victim, and the fact that it seems to be against the victim).

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