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(영문) 청주지방법원 충주지원 2012.12.28 2012고단1059
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in bicycle driving service.

On September 11, 2012, around 19:15, the Defendant: (a) driven the bicycle on the front side of the Sungnam-dong-dong-dong-si, Sungnam-si, with the center line leading to the front line of the opposite line of the said road; and (b) was negligent in the course of crossing the said opposite line due to the occupational negligence; (c) received the front wheels of the victim CM WR 1200GS Ortoba, the front wheels of the said bicycle.

The Defendant suffered from the injury of the victim, such as the cutting of strings and the closing of strings, which require approximately eight weeks of medical treatment due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Article 62(1) of the Criminal Act (see, e.g., agreement with the victim and living without any previous conviction)

1. The gist of the facts charged is that the Defendant is a bicycle driver.

On September 11, 2012, around 19:15, the Defendant: (a) driven the bicycle on the front side of the Sungnam-dong-dong-dong-si, Sungnam-si, with the center line leading to the front line of the opposite line of the said road; and (b) was negligent in the course of crossing the said opposite line due to the occupational negligence; (c) received the front wheels of the victim CM WR 1200GS Ortoba, the front wheels of the said bicycle.

The Defendant, due to the foregoing traffic accident, destroyed the repair cost of KRW 15,268,00, such as the wheel chairs, which is owned by the victim.

2. This part of the facts charged is an offense falling under Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The records are examined.

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