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(영문) 서울북부지방법원 2018.09.06 2018고단2990
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

On June 21, 2018, the Defendant driven a bicycle around 08:40, while driving the front sidewalk of Dongdaemun-gu Seoul, Dongdaemun-gu in the direction of the street market from the direction of the blue-ri station.

Since there are frequent places for pedestrians to pass by, in such a case, there was a duty of care to prevent traffic accidents in advance by driving a driver of a vehicle, including bicycles, without reporting, by driving along a roadway.

Nevertheless, the defendant neglected this and proceeded on the sidewalk without due care to pedestrians, and received the part of the victim C's left part of the defendant's bicycle's bicycle's bicycle's left part on the left part of the defendant's bicycle's bicycle.

As a result, the Defendant suffered injury, such as a unit of care, a scambry, a check, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. From the report of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, it should be criticized for pedestrians to be shocked by bicycles.

The sentencing for the accused is based on the sentencing that the victim did not reach an agreement with the victim and did not make any effort to recover the damage. On the other hand, the victim's degree of damage is not relatively more severe, and the accused is divided into and reflects his/her mistake, and there is no record of the same crime at the same time, and the accused is selected as a fine for the accused at this time.

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