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(영문) 창원지방법원 2016.09.23 2016고단1576
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 short bicycle.

On November 16, 2015, the Defendant, using a bicycle of 09:30 on a short circuit, was driving along the bicycle lane from the middle distance of the Changwon Hospital in Changwon-si, Sungwon-si, Namyang-si, Sungwon-si, to the southwest-do from the side of the serosian.

Since there is a crosswalk in the front side, in such a case, a person who is engaged in driving of a bicycle temporarily in front of the crosswalk and is well aware of whether there is a pedestrian, and even if there was an occupational duty to prevent the accident, the defendant neglected to do so and did not properly examine whether the pedestrian is driving on the crosswalk, and the defendant shocked the victim B (72 years old) crossing the crosswalk to the port from the right side of the bicycle driving direction in accordance with the pedestrian signals when he is negligent in driving on the crosswalk, without properly examining whether the pedestrian is driving on the crosswalk.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately six weeks of medical treatment, such as cutting the body body of his/her relative relative.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement (B);

1. The actual survey report and on-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment (the confession, the degree of damage to the victim, the history of crime, etc.);

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

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