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(영문) 서울북부지방법원 2017.02.01 2016고정2475
교통사고처리특례법위반(치상)
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 June 17, 2016, the Defendant driven a bicycle around 11:00, and proceeded with the front report of Seoul Dobong-gu Seoul Metropolitan Government C commercial building, and the front report to the Seoul Northern District Court in the direction of the Dobong-gu Office.

In this case, the bicycle driver had a duty of care to live well on the front side and the left side to the roadway of the sidewalk, and to safely drive the bicycle so as not to obstruct pedestrian traffic.

Nevertheless, the Defendant neglected this and found the victim D(23) who was frighting on the sidewalk before the direction of the road by negligence and caused the victim to face the left side in the process of avoiding the bicycle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Application of Acts and subordinate statutes (74 pages of investigation records);

1. Relevant legal provisions concerning facts constituting an offense, 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. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (as the defendant is divided in depth into his own mistake, he will not commit such a crime in the future.

Considering the circumstances of this case, the age of the defendant, and the fact that the defendant has no previous convictions, etc.

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