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(영문) 서울동부지방법원 2020.02.19 2019고정1235

교통사고처리특례법위반(치상)

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

The defendant is a person who is engaged in the duties of bicycle riding.

On May 9, 2019, the Defendant driven the above bicycle on May 17:35, 2019, while driving a two-way road for bicycles and pedestrians in Gwangjin-gu Seoul Special Metropolitan City toward the direction of a self-help distance from a locking bridge, and came to C.

In this case, the driver of a bicycle driver has a duty of care to ensure the safety of operation of steering gear and brakes by accurately manipulating the steering gear and operating the steering gear in order to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and tried the victim D (n, 63 years old) who walked to B and crosswalks on the front side of the Defendant’s bicycle, which is located in the front side of the horse course direction by negligence, and caused the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in the left-hand pelke in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Receipt of reports on internal accidents (the receipt of accidents);

1. The Defendant and his defense counsel asserted to the effect that the instant indictment ought to be dismissed, since the victim expressed his/her intention of not to impose punishment, and the withdrawal thereof again takes effect pursuant to Article 232(3) and (2) of the Criminal Procedure Act. In cases where the victim’s intention of not to impose punishment is deemed to have been expressed in a way that is obvious and reliable (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001).