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(영문) 대구지방법원 2017.02.09 2016고단4938
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 drives a bicycle.

On June 5, 2016, the Defendant operated a bicycle around 16:00, and proceeded with the roads for exclusive use of the C oil station, the width of which is located in the Glurg group B of Gyeongbuk-gun, with the direction of why he is dint from the old side.

Since he was the length of a bend, there was a duty of care to prevent accidents in advance by driving after checking the safety of the course by looking at the speed of the driver in advance, the former, the former, the former, and the latter.

Nevertheless, the Defendant neglected this and did not safely reconvert the main line installed by the Ministry of Construction and Transportation to the left-hand side of the central line installed by the Ministry of Construction and Transportation. In this case, the Defendant got over the side of the bicycle for the Defendant driving of the victim D(53 tax) who was judied in the opposite direction.

As a result, the Defendant suffered injury to the right broom brooms, which requires treatment for about 8 weeks, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes (D);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General traffic accident scene No. 1 [Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act] The result of injury inflicted on the victim (determination of sentence] caused by driving a bicycle. However, the accident of this case is the fact that the victim is driving a bicycle, that the defendant deposited a considerable amount for the victim, that the defendant did not have any record of criminal punishment, and that the defendant reflects a crime, and other favorable circumstances such as the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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