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(영문) 서울서부지방법원 2018.06.12 2018고단347
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On October 6, 2017, the Defendant driven a bicycle around 12:05 and proceeded with a bicycle-only road located in Yongsan-gu Seoul Metropolitan City 122, which is located in the roads of Yongsan-gu, Yongsan-gu, Seoul, as the primary efficiencies from the Han River Intersection.

At this point, since it is a bicycle-only one with a large yellow yellow line, a person engaged in driving service has a duty of care to safely drive in a safe way by making a good living of traffic situation at the right and right.

Nevertheless, the defendant neglected to operate a balke in order to lead the following activities, and caused the victim B (32 ) (32) who is driving a bicycle in the opposite direction to the opposite direction to the balke line with the bicycle to go beyond the direction of the road to avoid the collision.

In this regard, the Defendant, by negligence in the above business, suffered from the above victim's second week of medical treatment, and at the same time damaged the bicycle owned by the above victim so that the repair cost of KRW 1,014,000 is equivalent to the above victim's repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Data related to the case;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Article 151 of the Road Traffic Act concerning criminal facts (the occupation of damage from occupational and de facto property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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