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(영문) 서울북부지방법원 2014.12.19 2014고정2581
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

Around 06:13 on July 6, 2014, the Defendant driven the bicycle lane C in front of the Seoul Western-gu, Seoul, with the speed from the middle intersection to the middle intersection.

Since the location is a road coming to both sides due to the intersection of a bridge installed at the center of the road, there was a duty of care to proceed to the right side for the person engaged in driving of the vehicle.

Nevertheless, the defendant got the front part of the bicycle driven by the victim D (the age of 28) who was drinking along the road by negligence going on the left side of the road, as the front part of the bicycle.

The Defendant, by negligence in the above business, sustained injury to the victim, such as high-surgical depression, which requires medical treatment for about four weeks, and at the same time damaged the above bicycle so that the amount equivalent to KRW 823,00,000, such as press exchange and repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

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

1. A written diagnosis (D) and written estimate;

1. Application of statutes on site photographs immediately after an accident;

1. Relevant Article 3 (1) of the 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 the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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