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(영문) 서울동부지방법원 2017.05.30 2017고정316
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 15:50 on October 28, 2016, the Defendant driven the bicycle owned by the Defendant, driving the sidewalk on the right side of the 369 Blue-ro, Gwangjin-gu, Seoul Special Metropolitan City, in the direction of a flow distance from the basin of the children's large park, and driving the sidewalk on the right side of the 369 Blue-ro, Seoul, to the direction of the two markets.

At the same time, there was a duty of care to cross the road so as not to obstruct the passage of pedestrians by checking the front and rear and the left and right of the road in cases where the person engaged in driving service is in a place where a sidewalk is installed for the passage of pedestrians.

Nevertheless, the Defendant neglected to operate a bicycle on the sidewalk on the sidewalk and received the victim B (V, 60 years of age) side glass from the victim B (V, 60 years of age) who walked on the sidewalk on the sidewalk, and exceeded the victim on the sidewalk.

Ultimately, the Defendant suffered approximately six weeks of medical treatment due to the above occupational negligence, resulting in the Defendant’s injury to the part of L1, which is in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents B;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Relevant Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant is against the reason for sentencing in the Labor House Detention Act, and that the victim's damage is serious and has not been recovered from damage, shall be determined by comprehensively taking into account various circumstances as shown in the arguments in this case on the age, economic situation, and criminal punishment of the defendant.

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