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(영문) 대전지방법원 2021.01.08 2020고정995
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by a fine of 600,000 won.

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 bicycle.

On June 28, 2020, the Defendant driven a bicycle at around 17:50 on June 28, 2020, and was crossing the road adjacent to the crosswalk in the vicinity of the four-distance four-distance away from Daejeon, Seo-gu, Daejeon.

Since it is a road, there was a duty of care to not cross the road to a person engaged in driving of a bicycle, and not to interfere with the flow of a vehicle normally driving.

Nevertheless, the Defendant neglected this and neglected to cross the road adjacent to the crosswalk, and received the front part of the Defendant’s bicycles driving the front part of the DW125 two-wheeled vehicle driving by the victim C ( South, 39 years old) (in other words, the Defendant was driving a two-wheeled vehicle) driving in the direction B to avoid carbon in the direction B.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tension, etc. in the part of the knife, which requires approximately two weeks of treatment, and at the same time damaged the damaged vehicle’s SSY, etc. to cover approximately KRW 1,762,700 as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. A traffic accident report (1) (2) (2)

1. A written diagnosis and written estimate;

1. Application of CCTV video CD-related Acts and subordinate statutes to accident points;

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 ordinary concurrent crimes (the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents between the offender and the offender in violation of the Road Traffic Act, and the punishment prescribed by the said Act);

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, which is ordered to pay provisional attention, is facing the crosswalk by the defendant while driving the bicycle.

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