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(영문) 대전지방법원 2018.06.12 2017고정1249

도로교통법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, on May 29, 2017, driven a bicycle around 19:00, driven the Seo-gu, Seo-gu, Seo-gu, Daejeon, along the four-distance radius from the 119 Safety Center.

Since there are many places for pedestrians' passage, a person engaged in driving of bicycles has a duty of care to pay attention to pedestrians' attitudes and safely.

Nevertheless, the Defendant neglected to do so and caused the victim D's left arms standing on the front part of the above bicycle, and caused the victim's handphones Handphones owned by the victim while she was in his/her hands to the floor.

As a result, the Defendant damaged the amount of repair costs by causing the damage of the above Handphones by negligence in the course of business as above.

2. Determination

(a) Applicable provisions: Article 151 of the Road Traffic Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. Submission of a written agreement with the injured party on April 11, 2018, which expressed his/her intention not to punish the accused.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;