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(영문) 서울중앙지방법원 2013.09.24 2013고정4367

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 14, 2013, the Defendant operated a bicycle around 22:00, and changed the course to the left side in order to turn to the left while driving on the bicycle lane in the Han River Water Site located in 378, Gangnam-gu, Seoul, Gangnam-gu, Seoul, in accordance with the right side side side side side in the direction of the Han River Zone.

Since the structure of a bicycle lane makes it possible for a bicycle rider to pass ahead of a bicycle running ahead in the same lane, the preceding bicycle rider has a duty of care to inform the bicycle rider of his/her driving direction in the rear side and to change his/her course safely.

Nevertheless, the Defendant neglected this and did not notify in advance of the change of course, and caused the victim to go beyond the floor by the collision with the bicycle front wheel part of the victim B (the age of 28) driver's bicycle driving who was going behind by the defendant's left side in the direction of the Han River and the bicycle road in the direction of the Han River and the Hannam River.

As a result, the Defendant suffered injury to the victim's right-free frameworks that need to be treated for about six weeks by occupational negligence as above, and at the same time, damaged the above bicycle owned by the victim to the extent that the repair cost, such as pressing exchange, was KRW 6,367,00.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. A medical certificate;

1. Written estimate of waling clubs;

1. Application of Acts and subordinate statutes to report traffic accidents and investigation reports (victim B’s statement hearing reports);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.