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Defendant shall be punished by a fine of KRW 5,000,000.
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 of a D-port cargo vehicle.
Around 08:10 on July 12, 2012, the Defendant, while driving the above cargo vehicle and driving the road in front of the entrance road of the window in the Changwon-si from the side of the Gyeongnam-do Office of Gyeongnam-do, is an intersection where a bicycle lane is installed, and thus, the Defendant has a duty of care to reduce the speed to the driver, and to prevent the accident by driving safely by safely examining the front side, including the winter situation of the bicycle driving.
Nevertheless, the Defendant neglected to proceed by bypassing and driving the right side of the bicycle, which was driven by the victim E (the aged 29) who was driving from the right side of the Defendant’s proceeding, was the rear wheels part of the bicycle driven by the victim E (the aged 29).
After all, the defendant suffered injury to the victim, such as the right slotr, the inner side spathr, and the internal side spathrosis, which require approximately six weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A traffic accident occurrence report;
1. Photographs;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report on investigation (related Acts and subordinate statutes concerning voiced telephone statements);
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. With respect to the above criminal facts, the defendant and his defense counsel acknowledged the fact that the defendant was unable to fulfill his duty of care in the course of bypassing the accident immediately before the accident, ① there is no victim’s bicycle or body directly faced with the defendant’s vehicle (the victim on board a bicycle alone intends to avoid the defendant’s vehicle), and ② The victim’s injury is also immediately after the accident.