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(영문) 서울북부지방법원 2018.07.26 2018고단1873
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving a bicycle in CCA110 motor device.

On March 25, 2018, the Defendant driven the above Obabaon around 16:25 on March 25, 2018, and led to the first lane of the second line of D in front of Dongdaemun-gu Seoul Metropolitan Government to proceed from the direction of the session distance to the Korean Foreign Language University.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in driving of a motor device, a bicycle has a duty of care to safely drive the motor device by reducing the speed and by properly examining the right and the right and the right according to the new code.

Nevertheless, the Defendant neglected this and failed to discover the victim E (74) who crosses the crosswalk to the port from the right side of the defendant's proceeding due to the negligence of the stop line, even though the vehicle signal was red, and caused the victim to go beyond the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the cutting-out of the arms and legs, which require approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (the person who is specially mitigated) [the person who is subject to special mitigation] / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Union (the decision of sentencing] is a space where pedestrian safety should be absolutely protected, and the defendant is signaled on the vehicle.

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