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(영문) 서울동부지방법원 2015.11.06 2015고정270
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On July 17, 2014, the Defendant driven a bicycle around 17:30 on July 17, 2014, and proceeded with the EMW car driven by the victim D from the front side of the Gwangjin-gu Seoul Special Metropolitan City bank at the front side of the Japanese bank.

In such cases, a bicycle driver has a duty of care to prevent accidents in advance by properly operating brakes and steering the steering gear and steering gear in a state of securing the safety distance with the front vehicle.

Nevertheless, as the Defendant neglected this and stopped the said car on the right side of the said car for overtaking, the Defendant got off on the right side of the said car and lost its center due to the knife and negligence, which led to the loss of the right side of the said car on the left side.

Ultimately, the Defendant destroyed the said car in a way that the amount equivalent to KRW 552,540,00 of the repairing cost, such as fences and bags, following the above occupational negligence.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that there is a fact that he has passed by the victim's passenger car on board a bicycle, such as the facts constituting the crime at the time of the sale);

1. Each legal statement of witness D and F;

1. The actual condition survey report;

1. Photographss of damaged vehicles and bicycle photographs;

1. Application of the written estimate statutes;

1. Relevant Articles of the Act and Article 151 of the Road Traffic Act concerning facts constituting a crime;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel cannot be readily concluded that the victim's automobile (hereinafter referred to as the "automobile of this case") has defects in the amount of 552,540 won in the cost of repair, and such defects in the household affairs have occurred.

Even the above defects are the same.

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