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(영문) 서울동부지방법원 2019.02.12 2018고정1365

도로교통법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in bicycle riding.

On October 15, 2018, the Defendant: (a) around 11:20 on October 15, 2018, the front house in Gwangjin-gu Seoul Special Metropolitan City, left a bicycle in the direction of the E market at the D station located in the private-distance intersection C.

At this point, there was a house with a sign board prohibiting a right-hand transit, and thus, a person engaged in bicycle driving service has a duty of care to properly operate the steering gear and prevent accidents by properly operating the steering gear while complying with the direction and notice.

Nevertheless, the Defendant’s negligence before the right-hand speed without reducing the speed, and the Defendant’s normal course in the direction of the Ajin Station in the Atmal E market room, and discovered and immediately stopped the Defendant’s G k7 car owned by the Victim F, which was reported and temporarily stopped by the Defendant, and operated the ck7 car, and then contacted the victim’s H-owned part on the right-hand side of the hyd vehicle that was parked at that place with the part of the bicycle’s hand-hands, thereby damaging the repair cost of KRW 1,260,000 by having contacted the front k7 car with the repair cost of KRW 520,00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident situation statement, vehicle repair estimate, and actual condition survey report;

1. Article 151 of the Road Traffic Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. The sentencing conditions indicated in the public trial of this case, such as the Defendant’s age, etc., shall be determined by taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act has no record of criminal punishment against the Defendant; (b) the injury has not been recovered; (c) the amount of damage