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(영문) 창원지방법원 2019.05.23 2019고단743
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On May 10, 2018, the Defendant, who is engaged in the bicycle riding, driven a bicycle around 22:20, and driven a bicycle and driven the front road in Sungsan-gu B in Changwon-si, Changwon-si, according to three-lanes of the three-lane distance from the c three-lanes of the inside, south, elementary, and high school.

At that time, there was a road where the yellow-ray center line is installed, so there was a duty of care to protect the bicycle driver and to safely drive the wheel and left while driving along the right side of the road.

Nevertheless, the Defendant neglected this and led the victim to the front wheel part of the MTB bicycle driven by the victim D(58) who was going to keep the tea in the bend part of the maTB bicycle, which was driven by the victim D(58 years old) in the bend part of the bicycle, with the bicycle front wheel part of the defendant's bicycle.

As a result, the Defendant suffered injury to the victim, such as the damage of sea water, which requires approximately 32 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] mitigation element of traffic accidents (the person with a special punishment]: Where a serious injury has occurred while driving a bicycle: Cases where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or cases of climatic driving is serious;

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