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(영문) 서울남부지방법원 2014.04.18 2014고단629
교통사고처리특례법위반
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

On November 13, 2013, the Defendant driven a bicycle at around 12:30 on November 13, 2013, and proceeded with a bicycle-only road under the fire-prevention bridge in Gangseo-gu Seoul Metropolitan Government at a speed from the direction to the direction from the direction to the direction of the parallel, while the Defendant was bypassing the toilets.

On the right side of the defendant's running direction at the time, 10 persons engaged in driving of a bicycle, who are 45 years of age, were working for a bicycle. As such, when a person engaged in driving of a bicycle turns in the middle of the large line, he/she had a duty of care to inform the bicycle driver who is going behind of the direction change in advance and to prevent the accident by safely changing his/her course in advance.

Nevertheless, the defendant neglected this and moved to the string between the victim's side and the third string of the above string, and the front wheels of the victim's bicycle and the defendant's bicycle driver's rear wheels faced with the ground, and the victim got out of the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the body part of the body part in which detailed treatment is required for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, selection of fines (the first offender is not an accident due to gross negligence, but an accident due to gross negligence, and the fact that a driver is insured, etc.);

1. Articles 70 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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