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(영문) 서울남부지방법원 2019.08.13 2019고정560
교통사고처리특례법위반(치상)등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

On July 18, 2018, the Defendant driven the above bicycle on July 21, 2018, and proceeded along the bicycle lane of Han River Park in front of the parking lot B Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. The bicycle lane was driven along the same one-lane of the way that is the eternal intersection as the eternal intersection.

Since the place is a bicycle lane with a yellow solid line at the center of the road, there was a duty of care to prevent accidents by reducing speed and preventing accidents from spreading through a thorough operation of the front time.

Nevertheless, the defendant neglected this and received the front wheels part of the bicycle driven by the victim C (manam and 47 years old) who was driven by the designated lane in the part adjacent to the end of the road due to the negligent negligence of the center line, and had the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as an open wound of the elbows that requires approximately three weeks of treatment by occupational negligence, and damaged the victim's bicycle repair cost of KRW 899,000.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

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 concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. A fine of 1.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The criminal punishment of Article 59(1) of the Criminal Act does not have any history of criminal punishment, and the Defendant’s liability insurance amounting to KRW 3,519,000 to the victim.

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