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(영문) 창원지방법원 2020.02.12 2019고단3855

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of bicycle riding.

At around 18:40 on July 9, 2019, the Defendant driven the above bicycle, and led to the flow from the upper east to the east of the east of the Nakdong River, which is located in the monthly village of the west of Kimhae-si.

Since the place is a place where pedestrians who take a book on both sides of the road are frequent, a bicycle rider has a duty of care to reduce speed, to properly see the right and the right, and to accurately manipulate the brake system, to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and did not discover the victim B (the age of 59) who was coming from the front bank by negligence, and did not look at the victim B (the age of 59) in the front section of the Defendant’s bicycle, and caused the victim to go beyond the ground.

The Defendant suffered injury to the victim, such as the upper part of the upper part of the upper part of the left-hand body, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, certificates of admission and discharge;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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. From among the attempts to impose a bicycle for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s negligence, which shocked the victim, is not weak, and the degree of injury suffered by the victim is also weak.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

Other details of the defendant's age, character and conduct, medical expenses paid by the defendant, the details and circumstances of the crime of this case, and various sentencing conditions, such as circumstances after the crime, shall be determined as ordered.