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(영문) 수원지방법원 평택지원 2017.09.20 2017고정319
교통사고처리특례법위반(치상)등
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 March 5, 2017, the Defendant driven the above bicycle on around 12:25, while driving the bicycle and driving the road one lane in front of Pyeongtaek-si B at the speed of about 20km from the water source to the west.

At the same time, members of the same bicycle club were on the right side of the defendant's right side, so in such a case, a person engaged in the bicycle driver has a duty of care to safely operate the bicycle steering gear and prevent accidents by driving the bicycle in advance.

Nevertheless, the Defendant neglected this and neglected to drive a steering gear in excess of the center by the negligence of driving the steering gear excessively, and caused the victim to go beyond the floor by taking the part of the bicycle left side of the victim C (M, 34 years old) driving in the same direction as the Defendant's bicycle right side while getting a bicycle in the direction of the same direction.

Ultimately, the Defendant suffered the victim's elbow part of the right elbow part, which requires approximately three weeks of treatment due to the above occupational negligence, and at the same time damaged the victim's bicycle repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 151 of the Road Traffic Act (the occupation of damage to occupational and actual property), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;

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