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(영문) 의정부지방법원 2018.01.11 2016고정2499

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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

On July 1, 2015, the Defendant driven a bicycle at around 20:45, while driving the bicycle lane B at around 1, 2015, and driving the bicycle lane B at the right speed on the side of Seoul.

In this case, the driver of the vehicle has a duty of care to care for the driver of the vehicle well, to protect the traffic classification line, and to prevent the accident by safely driving the vehicle.

Nevertheless, the Defendant neglected this and went beyond the opposite line to overtake the bicycle of the victim C(60) driving, and the victim D(51) driving a bicycle riding on the part of the juncing part of the juncing part of the juncing part of the bicycle, the Defendant got the bicycle of the victim D(51) driving a bicycle driving on the junc part of the juncing part. The Defendant got the bicycle of the victim C driving a bicycle going beyond the center of the juncing part

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim D, such as the left-hand fluor, which requires approximately three weeks of medical treatment, and the victim C suffered a fluorization of fluorization of the right fluor who is in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A report on actual condition investigation, a traffic accident report, a field map, a map of a traffic accident, a field photograph, C, a defendant, the defendant, each bicycle photograph of the defendant, D, and C before or after the occurrence of each accident, each bicycle photograph of the defendant, D, and C, each stenographic record, a stenographic record, a field photograph (C on-site investigation), a medical record book, a copy of a medical record, a report on internal investigation (as to the statement of a witness), a photograph, a photo, a field photograph, or a photo to take a map of E map;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;