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(영문) 부산지방법원 동부지원 2014.02.25 2013고단3060
업무상과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, on September 1, 2013, driven a bicycle around 06:30 on September 1, 2013, and used a river for the Han River-gu 1, Busan Metropolitan City.

In order to move to a general road, the string road from the parallel side of the Gangseo River to the parallel of the Sejong River was driven at an indefinite speed.

At this point, the bicycle and pedestrian section are marked on the road, but the lane of traffic classification between bicycles is not marked, and it is a slope of a bend.

In such cases, a bicycle rider has a duty of care to prevent accidents in advance by driving a bicycle on the right side of the road while driving a bicycle at a speed or in a manner that may cause danger and impediment to others, driving a bicycle on the right side of the road, driving a bicycle on the right side of the road, and driving a bicycle on the opposite side in a safe manner by checking well whether there is a bicycle operator getting off the opposite direction.

Nevertheless, the defendant neglected this and caused the victim C, who was driving a bicycle on the opposite side of the road to go to the intersection by the fault of driving on the left side of the road, to go to the left immediately before the left, in order to avoid collision with the defendant's bicycle.

As a result, the Defendant suffered injury, such as flaging on the left-hand side of the victim, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

2. The Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act provide that when a bicycle rider commits a crime of bodily injury caused by traffic accidents, the Act on Special Cases concerning the Settlement of Traffic Accidents shall apply. However, with respect to "bicycles", the Road Traffic Act provides that "bicycles" refer to bicycles under the Act on the Promotion of the Use of Bicycles, and the Act on the Promotion of the Use of Bicycles delegates the size and structure thereof to be prescribed by Ordinance

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