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(영문) 전주지방법원 군산지원 2014.10.15 2014고단185
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 motor bicycle B 110cc.

At around 17:50 on February 18, 2014, the Defendant continued to proceed from the first side of gold to the Jincho-si, the front of the towing point, which is in the Gunsan-si Portal Campaign.

Since there is a place where a sidewalk is installed, a person engaged in driving duty shall not operate by a sidewalk, and there was a duty of care to verify and drive the safety of pedestrians by properly examining the front and rear sides.

Nevertheless, the Defendant neglected this and received the victim C (the 6-year old) walking along the sidewalk as the front part of the above motorcycle due to the negligence of proceeding the sidewalk as it is.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the Abdog of a baby, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes of each photograph (investigative record 9-12 pages);

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Scope of recommendations on the sentencing criteria: Motor vehicle comprehensive insurance policy, and serious reflectiveness; and (1) The scope of recommendations on the sentencing criteria: Motor vehicle accident resulting from ordinary traffic accidents (type 1) (the scope of decisions and recommendations on the recommendation field).

3. Determination of sentence: The scope of sentencing criteria shall be determined in consideration of all the circumstances indicated in the records, such as the fact that although an agreement was not reached for six months of imprisonment without prison labor and one year of suspended execution, the insurance money is deemed to have been paid to the victim as the insurance policy was subscribed, and the degree of injury was not much severe

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