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(영문) 서울동부지방법원 2019.08.20 2018고정1315
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 the business of driving a bicycle.

On August 10, 2018, the Defendant driven the above bicycle on August 12:15, 2018, and led the front sidewalk of the Songpa-gu Seoul Metropolitan commercial building to proceed to the direction of the building distance of Songpa-gu.

In such cases, a person engaged in driving of a bicycle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes and safely, so as not to obstruct pedestrian traffic.

Nevertheless, the Defendant neglected to do so and got the front part of the Defendant’s bicycle front part of the victim C(the age of 46) who gelbows along the sidewalk by negligence.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the detailed unknown part of the development that requires treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Photographss to be taken prior to and after the occurrence of the accident;

1. Application of Acts and subordinate statutes to photographs of road conditions at accident places;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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