(영문) 서울동부지방법원 2018.02.22 2017고단3568

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(영문) 서울동부지방법원 2018.02.22 2017고단3568

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

around 13:00 on May 24, 2017, the Defendant was going to proceed directly from the Han River at a point of 30 meters prior to Seongdong-gu Seoul, Seongdong-gu, Seoul, a bicycle-only dedicated to Seongdong-gu.

Since the place is a bicycle-only one lane, and the victim C (n, 48 years old) was on the front side of the defendant, the bicycle driver had a duty of care to live well on the front side and to safely drive the bicycle by sending signals, such as fostering, horning, etc. according to road conditions.

Nevertheless, the Defendant neglected to send any signal without sending it, and got the victim's left shoulder part of the victim's left shoulder part of the victim's right shoulder due to the defendant's negligence going ahead of the victim, and suffered approximately six weeks of treatment, such as the upper left shoulder of the victim's left shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Reports (1), (2) on traffic accidents;

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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim suffered relatively serious injury due to the instant accident, and that the Defendant did not reach an agreement with the victim is disadvantageous.

However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, that the Defendant was insured and was in charge of insurance treatment, and that the civil agreement was reached, and that the Defendant did not have been punished in excess of the fine during that period, the Defendant’s selection of imprisonment without prison labor and sentence is determined to be excessively harsh to the Defendant, and thus, the Defendant is subject to a fine.

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유사 판례

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