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(영문) 인천지방법원 2018.07.13 2018고정878

도로교통법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant driven a bicycle in front of the business office of the Egor vehicle in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, by driving a bicycle in front of the business office of the Egor vehicle, and crossed the bicycle to the office of the Egor, Egor, Egor, Egor, Egor, the office of the vehicle.

At the time, the above road was a four-lane road from which the median line is installed, so in such a case, there was a duty of care to ensure that the driver of the vehicle should safely drive the vehicle along the driving lane.

Nevertheless, the defendant neglected to perform the above duty of care and neglected to cross the above road and was moving by the defendant to the bypassing the surface of the Doluri-ri from the Doluri-ri.

The front part of the DObama driven by C was shocked by the bicycle side.

Ultimately, due to the above occupational negligence, the Defendant damaged the above Oral Ba amounting to KRW 1,331,00,000.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A traffic accident report, a traffic accident report, and a photograph related to the traffic accident;

1. C’s statement;

1. The application of the provisions of the Acts and subordinate statutes of the Korea Communications Commission;

1. Relevant Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting an offense, as well as Article 151 of the same Act;

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 with respect to the order of provisional payment was that the Defendant agreed with the driver of Oral Baba due to an accident, but the owner who suffered from damage caused by the destruction of Oral Baba did not receive any damage, and the amount of the repair cost is not small.

In the state of damage caused by the negligence of a defendant, it is difficult to take the front place due to the difficult circumstances or health conditions of the defendant, and a sentence like the order shall be imposed.