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(영문) 서울동부지방법원 2016.06.02 2016고단125
교통사고처리특례법위반
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 CCA110 V motor bicycle.

On August 22, 2015, the Defendant driven a bicycle for a motor device at around 17:10, and tried to turn the bicycle to a reputation church with approximately 20 to 30km of speed, depending on three-lanes in the front side of Gangdong-gu Seoul Metropolitan Government, the front side of the road D, bending from the slope of the bridge.

Since there is a private teaching institute, hospital, commercial building, etc. in the vicinity, the defendant engaged in the Ototoba has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately

Nevertheless, the Defendant neglected this and did not discover the victim E (n, 74) who has crossed the road above her course to the right side from the left side of the Defendant's running direction by negligence, and did not discover the victim E (n, 74) and shocked the victim's right shoulder in front of the above motor device bicycle driven by the Defendant.

As a result, the Defendant suffered the victim from the above occupational division and the above occupational room 10 weeks of high-ranking chills around the left-hand side in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of E traffic accidents;

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

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the victim's injury for the reason of sentencing is not less severe than that of the defendant. However, there are considerable physical and mental disorders to the defendant, economic problems are not sufficiently met as a basic livelihood supplier, and the error of the victim who illegally crosses the road is also caused by the accident.

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