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(영문) 서울동부지방법원 2016.04.19 2015고정1916
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The Defendant is a person who is engaged in driving of a chiB bicycle.

On August 21, 2015, the Defendant driven the above bicycle around 18:10, while driving the bicycle, which is located in 6-lane 8, Gangdong-gu Seoul, Gangdong-gu, Seoul, toward the direction of the luminous intersection at the speed of about 20 to 25 km from the breadth of the Han River in the Han River-do Park. The Defendant proceeded to the right side of the luminous intersection at approximately 20 to 25 km.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle at a speed or in a manner that inflicts any danger and disability on others, and since the road width is a narrow bicycle-only, there was a duty of care to prevent accidents in advance by giving signals to ensure that bicycle drivers following the right-hand route can well see.

Nevertheless, the Defendant neglected this and got the victim C (V, 23 years old) who passed ahead of the same direction due to negligence bypassing it, to go beyond the road on which he drives the bicycle. The Defendant was on the front of the bicycle.

The flut musical instruments faced with the road.

Ultimately, the Defendant caused injury to the above victim by negligence in the course of performing the above duties, such as the above 2-day medical treatment of approximately 2 weeks of hand and the fluor, the fluor, and the fluor, and at the same time, damaged the above fluor to the extent that the above fluor was worth KRW 70,000.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A survey report on actual conditions;

1. A photograph of the damaged part of the victim and a medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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