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(영문) 서울북부지방법원 2015.12.10 2015고단2796
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of bicycle riding.

On January 5, 2015, the Defendant driven a bicycle at around 15:05, and proceeded along a bicycle road in front of Dongdaemun-gu Seoul Metropolitan Government, along a one-lane in the direction of the middle ditch.

As a bicycle driven by the victim D(75 years old), the defendant tried to overtake the bicycle, in such a case, there was a duty of care to prevent accidents by informing the victim of the overtaking by using a horn in advance, securing safety distance with the victim.

Nevertheless, the defendant's negligence without taking such measures, which led to the victim's second wheel part of the victim's bicycle's bicycle's bicycle's front wheel part in the course of overtaking the victim's bicycle to the left side of the victim's bicycle, and went beyond the victim's floor.

As a result, the Defendant suffered approximately 12 weeks of medical treatment due to such occupational negligence from the bottom side of the upper floor of the light booms which requires medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. On-site investigation report (on-site investigation);

1. Application of Acts and subordinate statutes on investigation reports;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence:

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