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(영문) 대구지방법원 서부지원 2016.07.14 2016고단958
교통사고처리특례법위반
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 March 9, 2016, the Defendant driven a bicycle around 12:00 and proceeded with the front sidewalk of 302 Ho-gu, Seo-gu, Seo-gu, Daegu, Seo-gu, with the outer direction inside the main apartment.

Since there is a sidewalk for pedestrians' passage, a person engaged in bicycle driving service shall not drive a sidewalk, and when entering a place other than a road, he/she shall temporarily stop the sidewalk immediately before crossing the sidewalk so as not to obstruct pedestrians' passage.

Nevertheless, the Defendant neglected this and went through the sidewalk as it was due to the negligence of entering the sidewalk, and received the front side of the Defendant’s bicycle riding.

As a result, the Defendant suffered injury to the victim by his occupational negligence, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the punishment to be suspended: fine of 2,00,000 won, negligence, and the attitude to reflect it, and the traffic accident in this case occurred while driving a bicycle. The traffic accident in this case occurred when the defendant agreed with the victim, the victim was not punished against the defendant, the defendant was the first offender, and the senior citizen is 69 years of age.

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