logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.02.02 2016고단3812
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 bicycle.

On October 27, 2016, the Defendant driven the above bicycle at a speed of 21:30 on October 27, 2016, and proceeded with the Dongjak-gu Seoul Metropolitan Government Dongjak-gu at a speed of the non-speed from the south side of the Dongjak-gu branch to the northwest side.

At the same time, this is divided into a sidewalk and a roadway, and in this case, a person engaged in driving of a motor vehicle is not driving on the sidewalk, and the driver has a duty of care to safely attract and prevent the string of the bicycle while driving on the sidewalk, or driving on the roadway, driving on the roadway, and driving on the sidewalk, and driving on the sidewalk.

Nevertheless, when the defendant neglected this and got a bicycle on a sidewalk by negligence, the defendant got the body body parts and face parts of the victim B (36 tax) who was protruding from the north side of the Maddong-gu Intersection to the south side, and had the victim go beyond the reported part.

Ultimately, the Defendant suffered injury to the victim, such as an internal and floor cutting the body that require approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding survey report and report on the occurrence of any traffic accident;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (1 to 8 months) in the mitigation area (special mitigation person] [Pronouncement decision] of the crime in this case, the victim suffered injury in need of six weeks medical treatment, and the fact that there is no agreement with the victim is unfavorable to the defendant.

However, the crime of this case is an accident caused by the operation of a bicycle, and there are some circumstances to consider the circumstances.

arrow