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(영문) 서울남부지방법원 2016.06.02 2016고단131

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 under his/her own possession.

On August 18, 2015, the Defendant driven a bicycle around 07:30 on August 18, 2015, and proceeded with the 21-gil 25, Guro-gu, Seoul, Guro-gu, Seoul, with the direction of the Docheon Bicycle Road for the front of the 3rd apartment of the 21-gil 3rd apartment of the new Do road.

Since the place has a pedestrian road on the left side and there is a road connected to delivery to the right side, in such a case, a bicycle driver has a duty of care to prevent accidents in advance by thoroughly taking into account the possibility of pedestrians entering the bicycle lane in order to collapse the road.

Nevertheless, the defendant did not discover the victim C ( South, 74 years old) who entered a bicycle lane from a pedestrian road by negligence while driving a bicycle by neglecting this, and did not discover the victim C ( South, 74 years old). The defendant shocked the damaged by the front part of the bicycle driven by the defendant to go beyond the floor.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the cutting of the body at the bottom of the soft aggregate, which is in need of approximately eight weeks medical treatment.

Summary of Evidence

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

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the traffic accident report, report on internal investigation, photographs at the time of the accident, and medical certificates at the time of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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 Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order cannot be avoided by the victim’s access to the bicycle lane on his own exclusive road for pedestrians, so there is no fault of the Defendant.