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(영문) 부산지방법원 2017.07.21 2017고단1621
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant driven a bicycle around 14:25, which led to driving a bicycle on the side of the riverside, which is located in the city of Busan, the riverside bicycle road, which is located in the Dong-dong of Busan, from the side of the river, to the area of the riverside environmental park.

In such cases, a bicycle driver shall thoroughly operate the front and right-hand vision, accurately operate the driving and brake system, and has a duty of care to overtake in a safe speed and manner, such as using a direction light or horn, depending on the speed, course and other road conditions of the vehicle ahead at the time of passing another vehicle.

Nevertheless, while the Defendant neglected to do so and tried to overtake the bicycle side of the victim C (66) driving ahead of the same direction from the front side of the Defendant, the Defendant was negligent in driving the bicycle without fulfilling the above duty of care, and received the victim’s right side gate and the right side part and the right side part of the bicycle side of the Defendant’s bicycle driving.

As a result, the Defendant suffered injury to the victim, such as the entrance to the right side, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. A traffic accident report;

1. A medical certificate;

1. Bicycle photographs, etc.;

1. As a result of the analysis of the traffic accident investigation (the defendant and his defense counsel followed the victim's bicycle to the left part of the bicycle lane of this case and the victim's bicycle to the right part of the bicycle lane of this case is faced with the situation where the victim is faced with the situation where the defendant's bicycle will be overtaken to the right part of the right part of the bicycle of this case, and the victim lost his center while avoiding it, and the victim suffered injury as stated in the facts of crime, and the defendant's bicycle is shocked by the victim's bicycle.

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