logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.04.06 2018고정9
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a bicycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On May 2, 2017, the Defendant driven a bicycle around 11:35, and driven a bicycle at a speed of about 10 kilometers in order to pass the bicycle ahead of it on the left-hand side while driving the 8 bicycle-way 526-ro, Dasan-ro, Dasan-ro, 526.

In this case, as the bicycle is passed ahead, there was a duty of care to proceed with the bicycle at a safe speed and in a safe way by driving the signal with light view, etc. according to road conditions.

Nevertheless, there was a conflict between the left-hand side of the bicycle driven by the victim C (67 tax, South) due to negligence of neglecting this, and the front side of the bicycle of the defendant.

As a result, the Defendant suffered injury, such as cutting the bones of fingers, which requires medical treatment for about five weeks by occupational negligence, to the victim.

2. The Defendant violated the Road Traffic Act, at the same time and time as the above paragraph 1, destroyed the damaged vehicles, etc. to cover approximately KRW 400,000,00 for repair costs.

Summary of Evidence

1. The legal statement of the witness C;

1. A C's accident report;

1. A medical certificate;

1. On-site survey report and on-site photograph (the defendant and his defense counsel asserted that the accident of this case occurred by the winding, plucking, plucking, and changing the course of the victim, which the defendant overtakes the victim, and thus does not constitute an occupational breach of the defendant's duty of care. However, while the defendant overtakings the victim, the victim changed his course

There is no reason to see, and comprehensively taking account of all the evidence in the judgment, it can be sufficiently recognized that the instant accident occurred due to the Defendant’s duty of care.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (the injury caused by occupational negligence).

arrow