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(영문) 부산지방법원 2014.08.20 2014고정2444
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On March 18, 2014, the Defendant driven a Samcheon bicycle on March 18, 2014, and proceeded with a hot spring bicycle path in Busan Dong-gu in the direction of a water reservoir from the side of the hot spring site.

In such cases, a person engaged in driving of bicycles shall accurately operate the steering gear and brake system of the bicycle, shall not drive the bicycle at a speed or in a manner that may cause any danger and impediment to others, and has a duty of care to report the situation well and to prevent accidents in advance by driving the bicycle safely.

Nevertheless, the defendant's negligence, which led to the negligence of neglecting this, led the victim B (52 years of age, female) who passed a bicycle in the same way room, to the front part of the defendant's bicycle.

As a result, the Defendant suffered injury such as safinites and tensions that require approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, perpetrator, victim bicycle photograph, and diagnostic document;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) 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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