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(영문) 서울서부지방법원 2015.03.11 2014고정2251
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 driving a bicycle.

On June 7, 2014, the defendant operated a bicycle on June 21, 2014, and proceeds from the Han River Civil Park located in Mapo-gu Seoul Metropolitan City, Mapo-gu, as a pedestrian road on the side of the bicycle.

In such cases, a pedestrian road in the above place is where a sign prohibiting bicycle traffic is installed due to the prohibition of bicycle traffic, a person engaged in driving service is prohibited from driving a bicycle on the above pedestrian road, and there was a duty of care to enter the bicycle road by checking well the left and right of the other bicycle while entering the bicycle lane.

Nevertheless, the defendant neglected to pass the bicycle on the bicycle road, and the victim C (54 years old) who boarded the bicycle on the bicycle road by entering the bicycle road without looking at the right and the right and the right and the right and the right of the bicycle, was forced to go beyond the road when the victim C (54 years old) who boarded the bicycle on the mast bicycle road to report the bicycle of the defendant and avoid collision.

The Defendant suffered from the Plaintiff’s occupational negligence abundance of the 3rd balance of the left-hand side, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to C and D;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning photographs related to accidents, field surveys and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

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

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