(영문) 수원지방법원 안양지원 2018.09.18 2018고단1174

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(영문) 수원지방법원 안양지원 2018.09.18 2018고단1174

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a motor device or bicycle.

On May 3, 2018, the Defendant driven a bicycle with a motor device device at around 16:13, and driven the front road of the D shop in the Gu C while he was aware of it.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care for a person engaged in driving service to drive safely according to the new code.

The Defendant neglected to do so, and the Defendant, due to the negligence of proceeding the vehicle driving signal while being red, conflicted on the left side of the victim E (63 ) driving a bicycle driving on the crosswalk, crossing the crosswalk, driving the bicycle on the right side of the motor device.

Defendant 1 suffered from the Defendant’s negligence on the part of the above occupational negligence, such as 12 weeks of chest pressure, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to a medical certificate stating the actual condition of traffic accident E in the defendant's legal statement;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) of imprisonment without prison labor; the basic area (four months to one year) (the person causing a traffic accident) of the types of general traffic accidents; and

2. Determination of sentence - Determination of sentence - the fact that it is against the victim, the fact that it is not agreed with the victim, the fact that motor vehicle comprehensive insurance is subscribed to, the character and conduct of the defendant, the environment, the circumstances after the crime, etc. shall be taken into account

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