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(영문) 수원지방법원 성남지원 2016.08.11 2016고단779

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On November 05, 2015, the Defendant driven the above car at around 10:18, and moved the car to the direction of gold luminous direction from the shooting distance from the Sungnam-gu, Sungnam-gu, Sungnam-gu.

At all times, a person engaged in driving service has a duty of care to safely drive the signal in a place where a bypass signal, etc. is installed.

Nevertheless, when the defendant was bypassing in the direction of the gold-driven line in the red signal in violation of the signal, he received the victim D (n, 47 years old)'s bicycle riding from the right side of the defendant's driving to the left side of the bicycle riding in accordance with the bicycle signal, and caused the victim to go beyond the floor of the bicycle along with the bicycle.

As a result, the Defendant suffered injury, such as damage to the gate, etc., between the victim and the victim, who did not have any open address within the lecture that requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Written statements of D;

1. The actual investigation report on 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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of a elective fine (including the fact that the defendant has no previous offense, the defendant has not been injured, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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