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(영문) 서울서부지방법원 2014.08.12 2014고정1229
교통사고처리특례법위반등
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

A. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving of bicycles.

On September 26, 2013, the Defendant driven a bicycle at around 12:30 on September 26, 2013, and driven a bicycle for the first bicycle road in front of Yongsan-gu Seoul Metropolitan Government, along the direction of Han River as a speed of 15km/h along the direction of Han River in the direction of Han River.

In such cases, a person who is engaged in driving of a bicycle has a duty of care to ensure the necessary distance to avoid collision with the preceding bicycle if the preceding bicycle stops suddenly, and to prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The part of the rear wheels of the bicycle driven by the victim C (the 47 years old, female) who was above, was able to see the defendant's bicycle front wheels, and the victim and the victim's bicycle continued to go beyond.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as scopical scopical scopical scopical scopty

B. The Defendant in violation of the Road Traffic Act destroyed the victim’s bicycle to have a total of KRW 570,000 for repair costs due to the above “A” and thereby harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C);

1. Application of the statutes governing a written estimate of repair costs and receipts of repair costs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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