logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.21 2017고단1976
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On May 19, 2017, the Defendant, around 11:10, proceeded with the front road in Mapo-gu Seoul Metropolitan Government at the seat of the network prime market to the seat of the network prime post office.

At the time, the direction of the defendant's driving is set up a yellow domin line and the crossing is prohibited, so in such a case, the bicycle rider has a duty of care to prevent accidents in advance by passing along the center right side of the roadway.

Nevertheless, by neglecting this, the Defendant was negligent and proceeded with the middle line of the yellow domin line, the Defendant got a two-wheeled vehicle of the victim D(46) driving in the direction of the Defendant's progress to the port while he tried to avoid the Defendant's bicycle.

As a result, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s body felbling the left-hand body body.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate), a criminal investigation report (an investigation of a traffic accident), and a criminal investigation report (Hearing statements of victims);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (Period of custody in prison: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (including the fact that the defendant's operation of a bicycle causes a traffic accident without contact while running the bicycle, the defendant reflects the crime of this case and has no record of criminal punishment, the defendant has agreed to do so smoothly with the victim, and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, family environment, health conditions, motive for the crime, and circumstances after the crime);

arrow