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(영문) 인천지방법원 2016.04.21 2015고정3502

교통사고처리특례법위반

Text

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

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.

On July 28, 2015, the Defendant driven the above bicycle around 14:10, while driving the D Mart, which is located in Nam-gu Incheon Metropolitan City C, was driving from the distance of new engineers to the distance of the new market.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to refrain from operating a sidewalk to a person engaged in driving service.

Nevertheless, the Defendant neglected this to enter a sidewalk and walked the victim E (the age of 55) with the front wheels of the bicycle driving by the Defendant, who walked the victim E (the age of 55) by the negligence of driving a sidewalk.

Ultimately, the Defendant suffered injury to the victim, such as the pressure and damage of the climatics, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the fifth public trial records;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries about facts;

1. Relevant Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for 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;