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(영문) 수원지방법원 안양지원 2020.07.24 2020고단377
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the business of driving bitex bicycles in the instant facts charged.

On September 24, 2019, around 22:59, the Defendant was driving a bicycle in the vicinity of the Mangyang-gu Mangyeongcheon-gu, Mangyang-gu, Annyang-gu, Annyang-do, Annyang-do, Annyang-do.

At this point, since it is difficult to secure the electric view due to the rapid ero-ray section, a person engaged in the driving duty is thoroughly engaged in the ero-ray, the vehicle line is well observed, and the passage of others is not exceeded the center line of the bicycle, and there was a duty of care to safely drive the vehicle.

Nevertheless, it is clear that the Defendant neglected this and the Defendant’s negligence going beyond the center line of the bicycle road, and the “C” written indictment, which was normally going through inside the center line, is a clerical error in the “B”.

(남, 57세)이 운전하는 첼로 자전거의 좌측 전면 부분을 피고인이 운전하던 자전거의 전면 부분으로 들이받아 넘어지게 하였다.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 4주간의 치료가 필요한 안구 수정체의 이탈구 등의 상해를 입게 함과 동시에 수리비 약 1,390,000원 상당이 들도록 위 첼로 자전거를 손괴 하였다.

2. The defendant's assertion of the bicycle of this case is that the width of the right-hand side of the road is not 6 meters wide, and thus the defendant's act of driving a bicycle does not constitute an accident on the median line under the proviso of Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Since the defendant does not want the punishment of the defendant by agreement with the victim after the prosecution of this case, the dismissal of prosecution of this case must be sentenced in accordance with the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of

3. Determination

(a) Article 3 (Special Cases concerning Punishment) (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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