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(영문) 서울동부지방법원 2021.01.14 2020고정1065
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On February 24, 2020, the Defendant driven the above bicycle around 18:55, and proceeded with the crosswalks around the mobile phone agencies located in Gangdong-gu Seoul Metropolitan Government, along the village basin in the private street room, and went through a report near the above place.

At the time, there is a night and a sidewalk for pedestrian traffic, so in such a case, the driver of the vehicle is prohibited from running the vehicle with a warning, and the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the brakes and steering gear through a thorough operation of the brakes and steering gear.

Nevertheless, the defendant neglected to perform the above duty of care and caused the victim C (the 69 years of age) who was walking on the sidewalk due to negligence committed by neglecting the above duty of care and caused the victim to go beyond the news report.

As a result, the Defendant suffered injury to the victim by the above occupational negligence, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Diagraph photographs, accident site photographs, bicycle photographs, CCTV video CDs;

1. Application of Acts and subordinate statutes to report traffic accidents, investigation reports, and hear statements from victims;

1. Relevant legal provisions concerning criminal facts, 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, and Article 268 of the Criminal Act;

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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