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(영문) 수원지방법원 안산지원 2013.03.27 2012고단2765
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On November 21, 2012, the Defendant driven a bicycle at around 22:00, and proceeded with a road for the combined use of a bicycle at the bottom of the steel stesan-dong steel stesan-dong and pedestrians in the direction of the steel stesan-do.

At night and at that time, bicycles and pedestrians can be used together, and in such a case, there was a duty of care to prevent accidents by driving bicycles with a view to preventing accidents by driving bicycles in a safe manner.

Nevertheless, as a result of the negligence of neglecting the above duty of care, the defendant got the victim with the front wheels part of the bicycle's bicycle's front wheel part without discovering the victim B (here, 47 years of age) who enters the left side of the bicycle riding direction and finds it late and without stopping it.

Accordingly, the defendant caused the death of the victim who was shocked by the shock.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The actual survey report and the occurrence of traffic accidents;

1. Photographs;

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, although the victim died, in light of the background of the instant accident, etc., the crime of this case does not seem to be serious; the defendant is in profoundly against his mistake; the defendant has no criminal history; the defendant has no criminal history; the defendant has concealed the situation at the time of the instant accident at night; and the victim's negligence as well as the defendant's negligence at night contributed to the occurrence of the instant accident and the expansion of damage.

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