beta
(영문) 대전지방법원 2015.06.04 2014고정2140

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

On August 2, 2014, at around 13:00, the Defendant driven a bicycle and proceeded at a speed of about 5-10 kilometers from the 301-dong to the 7 complex area of the 311-dong bicycle pedestrians.

Since there are two roads for both bicycles and pedestrians, the Defendant, who is engaged in driving of bicycles, had a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, while he has a duty of care to prevent accidents.

However, the defendant neglected to do so and found the victim C, who was walking along the boundary of bicycle roads and pedestrian roads at the front section due to occupational negligence, which caused the defendant to go beyond the floor by obtaining parts of the victim, etc. from the body of the defendant, while avoiding the bicycle to the right side.

Accordingly, the defendant caused the victim to suffer damage to the right 4 hand saws that require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence shall be determined as shown in the order, taking into consideration the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, was the primary offender, and the victim paid medical expenses of KRW 4,253,510 to the victim, etc.