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(영문) 춘천지방법원 2017.04.12 2016고정540
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CV250 motor devices and bicycles.

On October 11, 2016, the Defendant driven a bicycle with the above engine device at around 14:10, and driven a bicycle at around 121-1, the Defendant driven a two-lane road in front of the Chuncheon Educational University, which is located in 121-1, along the vacant area of Chuncheon, at the speed of about 40km from the master distance.

Since the location is a crosssection in front of a university where signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right of the road, and to drive safely in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and proceeded as it was, disregarded that the vehicle driving signal is changed to the stop signal, and did not discover the victim D (W, 28 years old) who crosses the road by putting bicycles on the left side of the motor device bicycle driving direction of the defendant, and did not find the bicycle riding part of the defendant's motor device bicycle front part of the victim's bicycle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. A survey report on actual condition, photographs related to traffic accidents, and photographs related to field surveys;

1. Application of Acts and subordinate statutes (D);

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act does not confirm the cross-section signal, but is likely to enter the motor device bicycle, which he/she has driven, in green signals, and the place of the accident is not an intersection.

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