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(영문) 서울남부지방법원 2017.02.02 2016고정2345
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 driving a bicycle.

On May 9, 2016, the Defendant driven the above bicycle around 14:30 on May 14, 2016, and proceeded with the bicycle roads under the 1126 Geumcheon-ro, Geumcheon-gu, Seoul, at an indefinite speed in the direction of the inside of Seoul.

Since there is a lot of persons driving a bicycle, there was a duty of care for those driving a bicycle to be able to drive the bicycle safely.

Nevertheless, the defendant was negligent in driving while neglecting this and received the rear part of the victim C(57 e.g., the victim C(57) driving in the same direction as the defendant's bicycle front part.

As a result, the Defendant suffered injury to the victim by the occupational negligence above, which caused about 12 weeks to the left-hand side of the pelpelle which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement of the occurrence of a traffic accident C;

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

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

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

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

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