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(영문) 수원지방법원 성남지원 2016.09.01 2016고정667
교통사고처리특례법위반등
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.

1. On August 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven the bicycle and driven the bicycle near the Yancheon-dong, Sungnam-gu, Sungnam-gu, Sungnam-gu, with a locking-down area from the Seoul Airport to the locking-down area, and led to turn to the left at the direction of Seoul.

At that time, there is a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping and driving safely, since it is not only a three-distance intersection between bicycles and pedestrians, but also a place where traffic control is not performed.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the road as it is, and received the front part of the victim C(36 years old)'s bicycle driving who intends to enter the above sidewalk from the bicycle-only road that is close to the front part of the Defendant bicycle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act at a temporary place, such as Paragraph (1), thereby damaging the victim’s bicycle repair cost amounting to KRW 11,559,00 by negligence in the course of performing the above duties.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as written estimates;

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 criminal facts;

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 (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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