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(영문) 광주지방법원순천지원 2020.10.28 2020고정6
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 21, 2019, at around 19:50 on October 21, 2019, the Defendant driven a bicycle for the motor device and passed the sidewalk from the side of “D” to the side of “D”, which is divided between the sidewalk and the roadway.

At the same time, the victim F (51) passed the sidewalk in the same direction as the defendant's sidewalk was separated from the roadway.

In such cases, a person engaged in driving a motor device bicycle has a duty of care to prevent traffic accidents in advance by driving along a roadway on a road between a roadway and a sidewalk.

Nevertheless, the Defendant neglected this and got the back part of the victim's left side buckbucks, which is the front part of the motor device bicycle driven by the Defendant due to his occupational negligence.

As a result, the Defendant suffered injury, such as salt ties, tensions, etc., of the finites that require approximately four weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer prepared;

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

1. On-site map and accident site photograph;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant legal provisions concerning facts constituting an offense, 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) recognizes the crime of this case, and the fact that the victim does not want the punishment of the defendant by agreement with the victim is a favorable factor of sentencing, and the defendant operates Oral ba in a dangerous manner through the sidewalk.

on the back of the victim.

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