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(영문) 인천지방법원 부천지원 2019.03.07 2018고단3395
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a bicycle.

On June 16, 2018, the Defendant driven the above bicycle around 08:20 on June 16, 2018, and entered the later apartment from the latter apartment in Bupyeong-si to the front bicycle road.

When a bicycle driver intends to enter a road in a place other than a road, he/she has a duty of care to prevent accidents in advance by safely entering the road so that it does not interfere with other traffic after sufficiently examining the traffic conditions of the road to be entered by stopping.

Nevertheless, the defendant neglected this and proceed without stopping before the bicycle lane.

The bicycle driven by the victim C (70 years of age) who was driven by the bicycle-only lane due to the negligence of sudden stop had the bicycle go beyond the road without contact with the bicycle of the defendant while avoiding the bicycle of the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the lower body of the left-hand aggregate requiring treatment for about eight weeks.

2. Provisions of applicable provisions to the facts charged in judgment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Judgment dismissing the victim's expression of intention not to punish him/her after the prosecution under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

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