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(영문) 서울동부지방법원 2018.03.23 2018고정161
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 motor device B or bicycle.

On October 26, 2017, the Defendant driven a bicycle with the above engine device around 18:25 on October 26, 2017, and proceeded along a two-lane road in front of Seongdong-gu Seoul, Seongdong-gu, along a three-lane distance from the edge of the pilot.

There is a place where the center line of yellow solid lines is installed, and in this case, there was an occupational duty to thoroughly drive the motor device bicycle in the front line and safely drive the bicycle in the light of the driver's duty.

Nevertheless, when the defendant neglected this and got to the left at the center line due to negligence, the victim D (29) driven by the victim D(S) who was driven pursuant to the new subparagraph, received the front part of the motor device and bicycle driving ahead of the bicycle driving by the defendant, and the injured person exceeded the road.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, in which approximately two weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of the statutes governing traffic accident photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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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