1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On June 12, 2016, the Defendant driven a bicycle above around 19:30 on June 12, 2016, and was proceeding from the southwest-gu, Yongsan-gu, Seoul to the parallel of diving about about 15 km in speed.

At this point, the defendant tried to find out and overtake the bicycle of the victim C ( South, 9 years old) running ahead of his speed at low speed.

In such cases, a bicycle driver has a duty of care to prevent accidents in advance by safely overtaking a bicycle with the former's well-knownness.

Nevertheless, while the defendant neglected this, he got the left side part of the bicycle and went beyond the victim's right side while driving ahead of it on the right side of the bicycle.

Ultimately, the Defendant suffered injury to the victim, such as a pelpelto, which requires approximately seven weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

The facts of the judgment

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. The evidence can be given in full view of each photograph, etc.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.