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(영문) 서울북부지방법원 2018.02.01 2017고단5099

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 drives a bicycle as his duties.

On October 25, 2017, around 09:06, the Defendant tried to drive bicycles in front of the Seoul Southern-gu, Seoul, and to cross the road from the corporate bank to the side of the south apartment bank.

Since there is a center line of yellow solid lines, a person engaging in driving a bicycle has a duty of care to prevent the occurrence of traffic accidents by driving the bicycle along the opposite line according to traffic signals at a place where a U-turn signal is passed along the right side of the center line.

Nevertheless, the Defendant neglected this and did not discover the victim C(S 45) driving from the right side of the direction of the Defendant’s proceeding to the left side without discovering the DCA110S Oraba in the direction of the Defendant’s proceeding, and continued to cross the road, and caused the victim to go beyond the ground, and caused the victim to suffer injury, such as the defrising aggregate on the left side, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. An accident scene photograph;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s starting committing the instant crime.

The victim does not want punishment by mutual consent with the victim.

No defendant has been punished in Korea.

The defendant is responsible for the livelihood of her husband who has a disability in the bridge with the child's paralysis and two children who are enrolled in the school.

There are various circumstances such as these, the age of the defendant, sex, motive for the crime, and circumstances after the crime.