beta
(영문) 서울동부지방법원 2018.10.19 2018고정998

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a bicycle.

On June 9, 2018, the Defendant driven the above bicycle around 08:00, and proceeded with the bicycle lane C and the front bicycle lane at an aesthetic speed from the shot direction to the shot direction, and became left left to the right at the intersection.

Since there is a combination with other bicycle lanes, in such a case, a bicycle driver has a duty of care to take the front side and right side well into account for those engaged in driving of the bicycle, and to prevent accidents in advance by driving the bicycle safely in accordance with the progress of other bicycles.

Nevertheless, the defendant neglected to turn to the left without examining the surrounding area properly, and caused the victim D (44 ) who was driving a bicycle in the right side of the spawn in the right side of the spawn at the right side of the spawn where the spawn is found to have gone to the center and go to the floor in order to avoid collision with the bicycle of the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as abandonment abandonment, which is up to five weeks required for treatment.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On September 21, 2018, after the prosecution of this case, a letter of agreement that the injured party does not want the punishment of the defendant is submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;