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(영문) 서울남부지방법원 2019.07.19 2019고정633
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a bicycle owned by the principal.

On August 9, 2018, the Defendant driven the above bicycle on August 23:30, 2018, and continued to drive the bicycle lane from the 80-1 Han River Park in Yeongdeungpo-gu Seoul Metropolitan City at a speed that is difficult to know from the right side to the right side of the Sindo 80-1 Han River. Since it is at night and at the same time a yellow-ray central line is installed, the Defendant has a duty of care to drive the bicycle thoroughly and safely.

Nevertheless, the defendant neglected this and caused the victim B, who was driving a bicycle in the opposite opposite lane by negligence when he drives the central line, to go beyond the future in the process of rapid stop in order to avoid collision with the bicycle driven by the defendant.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the first bones of the left-hand bones, which requires approximately six weeks of medical treatment.

2. The Defendant’s assertion that the instant bicycle lane does not constitute a road with a width of at least six meters, and thus, the central line installed on the instant bicycle lane does not constitute a central line under the Road Traffic Act in light of the meaning of the central line prescribed in Article 2 subparag. 5 of the Road Traffic Act and the Enforcement Rule of the Road Traffic Act [Attachment 6] 501.

Therefore, an accident that occurred on the bicycle lane of this case does not constitute an accident against the central line under the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Since the defendant does not want punishment against the defendant by mutual consent with the victim after the indictment of this case, the dismissal of the prosecution of this case must be sentenced pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of

3. Determination

(a) Article 3 (Special Cases concerning Punishment) (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be the driver of any motor vehicle;

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