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(영문) 의정부지방법원 2019.02.14 2018고정1450
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 driving a bicycle.

At around 10:20 on June 2, 2018, the Defendant: (a) driven a bicycle on the front bicycle lane B in front of the Yangju City, driving a bicycle at about 20 km from the direction of the “nonju” in the direction of “noning and viewing,” and (b) tried to overtake the bicycle going ahead.

A person engaged in driving a bicycle has a duty of care to check whether there is a bicycle coming from the opposite part when driving the bicycle ahead, and to safely drive the bicycle along the left side so as not to obstruct the passage of the bicycle ahead of the same direction and prevent the accident in advance.

Nevertheless, the Defendant neglected this and discovered the bicycle that was driven along the designated lane in the way that he attempted overtaking as it was, and returned to the designated lane, and again, followed the bicycle driving of the victim C (E.S. 71) who was driven by the Defendant, and got the wheels of the bicycle driven by the Defendant to go beyond the victim.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, which caused approximately six weeks of treatment, to the right sleep, which requires treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. A traffic accident report, a report on the occurrence of a traffic accident, a site photograph of the accident, a medical certificate, and a receipt for medical expenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice 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;

1. The defendant and his defense counsel decide on the issue of the main text of Article 186(1) of the Criminal Procedure Act to bear the costs of the lawsuit, and the defendant are trying to overtake the victim's bicycle before passing the bicycle.

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