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Defendant shall be punished by a fine of one million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
On June 28, 2019, the Defendant driven a bicycle on June 17, 2017, and got the front of the Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) to cross the crosswalk B from the chum to the chumside.
Since a crosswalk is installed on the road at that place, in such a case, a person engaged in driving of a bicycle has a duty of care to build the crosswalk in a bicycle, and to build the crosswalk and prevent the accident by paying attention to the safety of pedestrians.
Nevertheless, when the defendant neglected this and walked a bicycle along the crosswalk, the defendant's physical part of the victim D (57 years old) who dried the crosswalk in accordance with the new direction in the same direction from the right side of the bicycle side of the defendant, was shocked with the defendant's bicycle front wheel part, so the victim goes beyond the road, and the victim gallon No No. 9 used by the victim left away from the floor.
Ultimately, the Defendant suffered injury to the victim, such as salt pans, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence as above, and at the same time damaged the cell phone owned by the victim to cover KRW 202,728 of the repairing cost.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate and a detailed statement of repair expenses;
1. Application of Acts and subordinate statutes to investigation reports (C CCTV images verification);
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (in cases where a sentence of suspension of execution of punishment is invalidated or revoked and a fine is not paid);
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is recognized to commit the crime, and the cost of acceptance for the victim.