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Reasons
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(영문) 서울서부지방법원 2014.10.30 2014고정70
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a bicycle.

The Defendant, at around 18:10 on August 11, 2013, driven a bicycle and driven the bicycle lane above 363, 163, 363, 14, 200, 200, at a speed below the direction of mathal, in both sides, and in such a case, the Defendant, who is engaged in bicycle driving, has a duty of care to safely drive the bicycle while accurately operating the steering right and the steering gear.

Nevertheless, the Defendant neglected this and got the bicycle of the Defendant and C to be a bicycle driven by the victim D (60 years old) and the victim E (58 years old) who was driving in the direction of the same direction while overtaking a bicycle driven by C, which was driven by the same direction, with the rear wheels part of the front wheels part, which conflict with the rear wheels part of C's bicycle's left right side and went beyond the opposite lane, and was driven by the victim E (58 years old).

As a result, the Defendant committed the injury to the victim D in the above occupational negligence, such as salt, tensions, and tensions that require the victim E medical treatment for about two weeks, and the Defendant committed the injury to the victim E, such as salt, tensions, and tensions.

2. The Defendant violated the Road Traffic Act, at the time, at a place prescribed in the above paragraph (1) above, damages each of the above bicycles to cover approximately KRW 8,165,00 for the victim’s bicycle repair cost, and approximately KRW 1,861,00 for the victim E’s bicycle repair cost.

Summary of Evidence

1. Statements of witnesses D, C and E in the third protocol of trial;

1. Statement of the usefulness of a witness in the fourth protocol of the trial;

1. Statement of C or D among the police interrogation protocol against the accused;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Application of each 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, Article 151 of the Road Traffic Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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