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(영문) 서울중앙지방법원 2015.04.07 2015고정106
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle.

The Defendant, around 18:55 on September 8, 2014, driven along the bicycle lane (5 meters wide) of the Seocho-gu Han River Citizens' Park, Seocho-gu, Hongwon-dong, Seocho-gu, in the direction of Hannam-do, from the distribution bridge to the distribution bridge.

At the front point of the deaf-gu in the sericultural Zone, the victim C(Ar. 49 years old) passed the bicycle on the right side of the road and passed it on the left side.

In such cases, the bicycle rider has a duty of care to deliver sufficient intentions so that the front bicycle driver can recognize, and to prevent accidents in advance by driving safely at an appropriate speed with sufficient distance between the front bicycle and the rear side.

Nevertheless, the defendant did not deliver sufficient distance to the front bicycle driver, and the defendant's bicycle rear wheels side side part of the defendant's bicycle is collisioned with the victim's bicycle front and rear wheels part of the victim's bicycle, without securing sufficient distance from the front side.

Ultimately, the Defendant suffered injury to the victim for one day’s medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accident;

1. Application of a receipt for medical expenses calculation, and statutes governing accident site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Taking into account various circumstances, such as the fact that the Defendant is against the above crime under Article 59(1) of the Criminal Act, the degree of injury the victim sustained due to the above crime is relatively minor, the victim’s negligence is not much significant, and the Defendant has no record of criminal punishment, the sentence against the Defendant is to be imposed, since the circumstances leading to a significant change in the name of the Defendant.

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