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(영문) 서울서부지방법원 2017.10.19 2017고단2063

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 14:40 on May 20, 2017, the Defendant driven a bicycle on the high-water site of the Han River 11-lane, Mapo-gu Seoul, Mapo-gu, 32-ro, 11-gil, and proceeded from the Han River basin to the Mapo Bridge.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately operating and safely operating steering devices and brakes.

Nevertheless, the defendant's negligence of neglecting to turn to the left at the front of the defendant's bicycle front part of the victim's bicycle driving B (49 years old) which was driven by the defendant.

As a result, the Defendant’s “three-month period” stated in the above 8-month indictment against the victim due to occupational negligence is the rehabilitation treatment period, so the victim’s treatment period is recognized as approximately eight weeks according to the contents of the diagnosis, and even if the victim’s treatment period is recognized as above, it is unlikely that the victim’s exercise of the right of defense would be seriously disadvantaged.

It was caused by the injury of pulverization of the original executive officer in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. One and two motor vehicles accident reports;

1. Application of Acts and subordinate statutes, such as a written diagnosis and written confirmation of hospitalization;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, is due to a crime of different types (violation of the Trademark Act), but the defendant caused the instant accident during the suspended execution period, the victim suffered relatively serious injury during the instant accident, and the defendant did not reach an agreement with the victim, is disadvantageous.

However, the defendant recognized the crime of this case, and the defendant was proceeding in the same direction.