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(영문) 서울북부지방법원 2016.12.08 2016고단4303
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2015, at around 20:55, the Defendant proceeded with the bicycle roads of 325-103, Jung-gu, Seoul, Jung-gu, Jung-gu, 325-103 at an irregular speed from the mid-gu, Jung-gu, Seoul.

Since there are many bicycles running in both directions, in such cases, there was a duty of care to safely drive the bicycle by accurately manipulating the steering system, steering system, brake system, etc.

Nevertheless, in order to raise the speed of the defendant and to prevent the accident, the defendant was forced the victim C (V, 28 years of age) and the victim D (V, 28 years of age) who followed the bicycle driver in the opposite direction to go beyond the floor of the above bicycle driver and go beyond the speed of the defendant.

Ultimately, the Defendant suffered from the victim C’s occupational negligence such as knee knee knee gel gelg, etc., requiring treatment for about six weeks, and the victim D’s knee gelg gelg, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement related to C and D;

1. B written statements;

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

1. Article 3 (1) 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 Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The scope of recommendations according to the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act, the criteria for the suspension of execution, the fact that the accused has no criminal records of the suspension of execution or more, the circumstances of the case, and the efforts

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