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(영문) 의정부지방법원 2013.03.26 2013고단183
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person driving a bicycle. Around 13:00 on October 23, 2012, the Defendant: (a) driven the bicycle and driven the road front of the entrance of the required mountain location in the Dongbcheon-do at the required stop stop point, with one-lane distance from the required remote distance at the required stop point; (b) there were many pedestrians traffic congestion due to the required mountain festival at the time, and coming to the direction of the Defendant’s driving; (c) therefore, a person driving a bicycle, who is engaged in driving a bicycle, has a duty of care to take care of driving the bicycle at a sufficient interval to reduce the speed; (d) even though he was negligent, he was feasd by the negligence going beyond the central line, and was feasd by the distance, but did not avoid it; and (d) he did not shock the victim’s kne part with the front wheels of the bicycle, and caused the Defendant’s injury to the victim for about four weeks period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under B, C, D, and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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