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(영문) 부산지방법원 2015.08.13 2015고정1731
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On October 16:35, 2014, the Defendant driven the above bicycle and proceeded from the 103 bicycle-only road of the modern apartment that is located in the Suwon-gu, Busan to the private 4 km speed from the eurculation to the eurculation.

Since the place is a gluent place for a large number of ordinary people, in such a case, the driver of a bicycle has a duty of care to reduce the speed and to ensure whether there is a person driving on the road by well examining the right and the right and the right of the bicycle, and to accurately manipulate the steering direction and the brake system so as to prevent accidents from occurring.

Nevertheless, the defendant neglected this and caused the fault of driving on the right side of the road to the left side of the road, and received the bicycle wheels of the victim C(W, 66 years old) who was standing on the left side of the road.

The Defendant suffered injury to the victim by occupational negligence during approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition and a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning criminal facts;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (such as the circumstances of the accident, the fact that the defendant made an effort to reach an agreement by paying the full amount of medical expenses, the first offender, the defendant's time to commit a crime and reflects the defendant)

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