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(영문) 대구지방법원 서부지원 2018.03.06 2017고정422
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 the duties of bicycle riding.

On March 22, 2016, the Defendant driven the above bicycle around 09:30, and proceeded at a speed of about 10 to 20km from the four-lane on the side of the Yellow-gu Industrial Complex along three lanes, along the three-lane roads in front of C Mart in Seogu Seo-gu B.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant committed an injury to the victim D (M. 72) who was a bicycle driving ahead of the Defendant, which was a crosswalk pursuant to the pedestrian signals, due to the negligence of driving the vehicle even though the Defendant was a stop signal, and caused the victim to suffer an injury, such as the opening of the left-hand ske, which requires a six-day medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a traffic accident actual investigation report and a medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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