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(영문) 서울동부지방법원 2015.08.11 2015고정903

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who drives a bicycle under his own possession.

On March 21, 2015, around 09:28, when driving the above bicycle on the 09:28th day of 2015, in order to make a left-hand turn at the speed of the city, depending on the bicycle lane, from the shot-do park to the shot-water side.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation of the motor vehicle.

Nevertheless, the defendant neglected to drive safely and did not go to the left without driving safely, and the part of the bicycle driven by the victim B in the opposite direction conflict with that of the defendant bicycle.

As a result, the Defendant suffered injury, such as cutting a peltoma and peltoma, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the occurrence of a traffic accident against B;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes of the Medical Certificate (B);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;