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(영문) 서울북부지방법원 2020.11.26 2020고단2490
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a bicycle.

On March 7, 2020, the Defendant driven the above bicycle on March 13:34, 2020, and proceeded along the road of one lane in front of the Seoul Northern-gu, Seoul, with the right to the street from the roadside.

It is one-way road that can only pass from the roadside to the runway, and there was an indication prohibiting entry from the surface of the road to the runway from entering the runway, so in such a case, there was a duty of care not to enter the person who is engaged in driving a bicycle.

Nevertheless, the Defendant neglected to do so and went from the old sea by negligence, and received the front part of the DOtob in front of the above bicycle, which the victim C (ma, 16 years old) drives from the old sea to the Doning.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the mouth, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the written statement on the occurrence of traffic accidents E prepared by the defendant's legal statement, the actual condition survey report, the scene photograph of the accident, video materials, and photographs of the investigation site;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant committed a traffic accident by driving along one-way lane on a bicycle, and the result of the victim's injury in 10 parts of the provisional payment order is not easy.

However, considering the fact that the victim's failure to punish the victim and the defendant are the first offender, the defendant is against his mistake, and the family and work union members clearly have social ties, such as the application of the defendant's wife, etc. In addition, the defendant's age, occupation, character and conduct, and crime were caused.

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