beta
(영문) 서울동부지방법원 2016.10.05 2016고정1526

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a bicycle rider.

On July 3, 2016, the Defendant operated bicycles around 10:45, and proceeded ahead of Gwangjin-gu Seoul Special Metropolitan City with the front roads at the plaza, middle school, and the front roads at the plaza, middle school.

At least, there is a crosswalk without signal lights, so in such cases, when a pedestrian gets on a crosswalk by reducing the speed of the bicycle driver and taking well the right and the right and the right of the bicycle driver, there was a duty of care to stop temporarily and safely, and the pedestrian has a duty of care to safely proceed after the stop.

Nevertheless, the defendant neglected this and got the victim C (the age of 83) who dried the crosswalk from the right side of the bed side to the left side by the occupational negligence, which is going beyond the front side of the defendant's bicycle.

As a result, the Defendant suffered injury to the victim, such as cerebral dead with an open two wife, which requires approximately three weeks of medical treatment by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of traffic accident actual condition investigation reports, on-site photographs statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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;