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(영문) 서울동부지방법원 2016.03.24 2016고정93

교통사고처리특례법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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 October 5, 2015, the Defendant driven the above bicycle around 18:38, and proceeded with the crosswalk in front of the D pharmacy in Songpa-gu Seoul, Songpa-gu, Seoul, toward the direction of D pharmacy from the home pluging side, at a speed of the speed unfasible.

Since there is no signal signal at a crosswalk, if a person engaged in driving of a vehicle reduces the speed, well sees the right and the right of the front, and pedestrians pass the crosswalk, there was a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, when the Defendant neglected this and neglected to stand a bicycle on a crosswalk, the Defendant did not avoid the victim E (the 24 years old) who dried the crosswalk in the opposite direction to the right side of the bicycle and received a part below the victim’s knife.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of traffic accidents to E;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of the legislation in its opinion;

1. Article 3 (1) 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 concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;