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(영문) 서울북부지방법원 2017.12.14 2017고단4320
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 one year 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 bicycle.

On May 23, 2017, the Defendant operated a bicycle for the above engine device at around 00:10, and got crossing of the above road at the crosswalk installed on the six-lanes in front of the white-project church in Jung-gu Seoul, Jung-gu, Seoul, according to the crosswalk installed at the same 6-lanes of the white-project church.

At the time, the pedestrian signal of the crosswalk was red, and the vehicle's progress signal was green signal, so there was a duty of care to safely drive the motor bicycle without breaking the center line according to the vehicle's progress signals.

Nevertheless, the Defendant neglected this and operated a motor device in accordance with the crosswalk where a red signal turn off, and caused the collision between the front part of the victim D(35 )'s E-Engine bicycle driving device, which driven the center line by the occupational negligence in the course of driving the bicycle in the middle-distance telescopes of the 2nd e-mail, with the one-lane-lanes of the victim D(35 e-mail) driving the two-lanes of the e-Engine driving device.

As a result, the Defendant suffered injury to the victim D by the above occupational negligence, such as pulverization of fluorse executives who need to receive approximately 12 weeks of treatment, and at the same time suffered injury to the victim FF (36 years of age) who was accompanied by the victim D's motor motor device, such as a fluor for about 7 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of subparagraph (F) to a survey report on actual conditions, photographs of damaged vehicles, each medical certificate, and a traffic accident situation statement;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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