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(영문) 대구지방법원 2015.05.08 2014고정2498
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On September 21, 2014, the Defendant driven a bicycle on September 21, 2014, and got a bicycle riding along the direction of the ozone distance from the direction of the bedton distance to the front side of the bedin apartment, which is located in the Hegsan-dong, Daegu Northern-gu.

Since it is a sidewalk area, a person engaged in driving of a bicycle has a duty of care to refrain from driving a bicycle above the sidewalk.

Nevertheless, the Defendant neglected this and walked on the sidewalk as it was by negligence along with the bicycle, and found the above bicycle and got off the fingers of the victim C (the 51-year old) who was left on the left side in order to avoid collision.

Ultimately, the Defendant suffered injury to the right side of the water unit in need of approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Report on the occurrence of a traffic accident and investigation into the actual condition of a traffic accident (1, 2);

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as bicycles and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) 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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