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(영문) 서울동부지방법원 2020.11.25 2020고정852
교통사고처리특례법위반(치상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving bicycles.

On June 26, 2020, the Defendant driven the above bicycle on June 23:34, 2020, and driven the bicycle lane of 402 in Songpa-gu Seoul Metropolitan City (Yungnam-dong) Han River, one lane in the Han River Park, and driven the bicycle at an aesthetic speed in the direction of the tent from the boundary of the Olympic Winter.

In such cases, a bicycle driver shall accurately operate the steering wheel, brakes, etc. of the bicycle, and shall not drive the bicycle at a speed or in a manner that may cause danger and harm to others, depending on the traffic conditions of the road and the structure and performance of the bicycle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation on the front side and safely driving the bicycle.

Nevertheless, in order to avoid a collision by reporting the bicycle driving of the defendant, the bicycle running in the opposite direction while driving a bicycle which has neglected to stop on the front side while driving in excess of a yellow solid line installed at the center of the road and driving in the opposite direction, the bicycle driving in the victim B ( South and 47 years old) who has been driving in the opposite direction became to go beyond the right side of the road without a collision.

Ultimately, the Defendant caused injury to the above victim, such as salt and tension, which requires treatment for about two weeks due to the above occupational negligence, and at the same time damaged bicycles, damaged the repair cost of KRW 10,473,00.

Summary of Evidence

1. Application of Acts and subordinate statutes of the police investigation report on the statement B by the defendant's legal statement, the medical certificate, and the written estimate (Evidence No. 6);

1. Relevant Article 3 (1) of the 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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