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(영문) 서울중앙지방법원 2018.03.28 2017고단8412
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 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 of CNBC110 motor bicycle.

On September 11, 2017, the Defendant driven a bicycle with a motor device device around 05:48, and driven the five-lane in front of Seocho-gu Seoul Metropolitan Government D along the four-lanes in the direction of completing disease control in the direction of course.

At the time, there is a crosswalk at which signal lights are installed at night and at a front door, so there was a duty of care to check whether there is a person who gets on the way to reduce speed for those who are engaged in the motor device bicycle driver, and to see well the right and the right and the right, and to drive safely according to the new code.

Nevertheless, the defendant neglected this and found the victim E (the 48-year old age) to the right side on the left side by using the crosswalk in accordance with the pedestrian signals by negligence, even though the signal, etc. is a stop signal, and caused the victim to go beyond the ground by taking the front side of the motor device and the front side of the bicycle.

Ultimately, the Defendant suffered approximately 14 weeks from the above occupational negligence, such as the body body flag and the body flag in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);

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