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(영문) 서울서부지방법원 2017.12.14 2017고단2940
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 is engaged in driving a bicycle.

On May 17, 2017, the Defendant driven bicycles around 07:20 on May 17, 2017, and continued to run the Defendant’s Vice-head in the 1 week of the high-water high-water unit of 6 Han River-ro, Mapo-gu, Seoul, one week from the high-water high-water unit of 1.

Since there is a bicycle-only road near the parking lot, if a person who is engaged in driving a bicycle intends to enter the bicycle-only road, he/she should proceed in the direction of the bicycle-only way, and he/she has a duty of care to properly manipulate the front and rear and the right and the right and the right and the right of the bicycle and prevent the accident from occurring.

Nevertheless, the Defendant, without properly examining the front and rear and left, entered a bicycle-only road as it is, and as it was caused by negligence, attempted to cut off the bicycle-only road as it is, followed by the direction of driving the victim C (55 years) who driven the bicycle-only bicycle in line with the direction of driving the bicycle-only road. The Defendant collisiond the front part of the bicycle-only bicycle driving with the Defendant's bicycle rear wheels, thereby damaging the victim beyond the floor

Ultimately, the Defendant caused the victim’s injury, such as the 3-month therapy, which requires approximately three months of treatment by occupational negligence as above, by causing the victim to suffer injury.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the 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 recommendation according to the sentencing guidelines] O general traffic accidents listed in Article 62(1) of the Criminal Act: Accidents caused by the operation of bicycles (one month or August) in the mitigated area (the injury caused by traffic accidents): The defendant caused the instant accident by negligence, while neglecting his duty before, after, after, after, after, and after, the suspension of execution, the defendant neglected his duty of driving bicycles, and caused the instant accident by negligence while driving the bicycle on the street.

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