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(영문) 수원지방법원 2017.05.18 2017고정507
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaging in bicycle driving service.

On October 30, 2016, the Defendant driven the above bicycle around 21:25, and got off to cross the road for the purpose of moving it to the opposite delivery while driving it over at Osan City B.

In this case, the defendant, who is engaged in the bicycle driving duty, has a duty of care to cross the bicycle at the place where crossing is permitted after checking whether there is a vehicle driving along the road in India when getting off the roadway from India and crossing the road.

Nevertheless, the Defendant neglected this and got the victim to use the front part of the victim D ( South, 59 years old) driving along the road at the rear side of the maCA 110CC 1100, which is driven by the road at the rear side of the maCA 59 years old, due to the negligence of driving the road where the passage of the bicycle is prohibited, and caused the victim to use it on the road.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, and at the same time damaged vehicles with approximately KRW 355,00,00 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of site and CCTV images;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act (a point of damage to a job and an actual property) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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