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(영문) 인천지방법원 2018.02.22 2017고단7814
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the duties of driving a bicycle with a wheels.

On August 7, 2017, the Defendant driven the above bicycle around 22:45, and proceeded at a speed of about 30 km from the Seo-gu, Seo-gu, Seo-gu, by the dlim of Gyeyang-gu in Incheon, a bicycle riding road for riding a boat or bicycle at a speed of about 30 km per hour.

At this point, it is a bicycle-only one lane where a central line is installed. In such a case, a person engaged in driving a bicycle has a duty of care to safely drive the bicycle along the lane.

Nevertheless, the Defendant neglected to go beyond the center line and got a bicycle driving by the victim C (29) who was driving in the opposite lane due to negligence beyond the center line, and subsequently received a bicycle driving by the victim D (26).

As a result, the Defendant suffered injury to the victim C, such as an injury to the franchisium, which requires approximately six weeks of medical treatment, and injury to the victim D, such as a closed franchisium, which requires approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D or C;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Any accident that happens while driving a bicycle in the mitigated area (one month to eight months) (special mitigation factors) of the type (one month to eight months) of ordinary traffic accidents according to the sentencing guidelines;

2. The injury suffered by the victims of the sentence of sentence is relatively heavy, the injury has not been recovered or agreed, and the situation of driving a vehicle while drinking.

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