(영문) 서울동부지방법원 2013.11.14 2013고단2537

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(영문) 서울동부지방법원 2013.11.14 2013고단2537

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On June 6, 2013, around 13:30 on June 6, 2013, the Defendant proceeded with the bicycle lane near the construction site of the Cancer Complex in Gangdong-gu Seoul Metropolitan Government as the arms-sponsor of the victim C (74 years old) driving ahead of it.

In such cases, a person engaged in driving of a vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the vehicle in front, and shall overtake the vehicle in such safe speed and manner as using the direction indicator, light or horn, etc. in consideration of the speed and route of the vehicle in front and the road conditions, and shall not overtake the vehicle in front of the vehicle in front in order to prevent any danger, and shall not overtake the vehicle in front of or at the intersection or at the direction of the road.

Nevertheless, the Defendant neglected to do so and tried to overtake a bicycle driven by the victim who was left to the left to go on a right-hand road due to the construction of cryp schools, and to go on the right-hand side of the bicycle driven by the victim, and received the part of the left-hand side of the bicycle driven by the defendant as the part of the bicycle driven by the defendant.

As a result, the Defendant suffered injury, such as the left-hand framework, which requires approximately seven weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report and accusation filed by the victim of a bicycle traffic accident;

1. A report on traffic accidents and a report on actual condition;

1. Photographs of the accident site;

1. Recording records;

1. The application of the law to the opinion and the medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, and Article 268 of the Criminal Act

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the degree of injury suffered by the victim is relatively heavy.

참조조문

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