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(영문) 서울서부지방법원 2018.12.06 2018고단3276
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the business of driving a bicycle B CA110B engine device.

On September 11, 2018, the Defendant driven a motor device bicycle at around 00:55, while driving a four-lane road in front of the Yongsan-gu Seoul Special Metropolitan City construction site at the speed from the border of the filial park to the angle area where it is impossible to know one-lane.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim D (the age of 55) who crosses the right from the left side of the front side at the front side of the road crossing, in contravention of the signal, in front of the motor device bicycle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the period of three months between the victim and the victim who did not have any open room within the lecture that requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Written statements of D;

1. The application of traffic accident reports (on-site investigation reports), investigation reports (F telephone conversations for shots), diagnosis reports, and Acts and subordinate statutes;

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

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act of the community service order: The fact that the defendant agreed with the victim during the investigation, and circumstances unfavorable to the first offender: The defendant's negligence, such as shocking the victim who has dried the crosswalk according to the pedestrian signals by violating the front line signal, is grave, and the victim suffers serious injury, and the defendant's age, sexual behavior, family relationship, and circumstances before and after the crime, etc. are recorded.

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