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(영문) 대구지방법원 2013.06.05 2012고정4104
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 14, 2012, the Defendant: (a) driven mountain bicycles on October 14, 2012; (b) proceeded along the exclusive road for pedestrians of the Yancheon River that is located in the mountain-dong, Daegu North Daegu, on the speed of about 12 km from the Do through the Do through the Do through the Do through the Do through the Do through the Do through the Do through the Do through the Do through the Do through which the victim C (the age of 42) driven the mountain bicycle.

In such cases, a person engaged in driving service has a duty of care to overtake at a safe speed and method by sending a signal by a horn, etc. according to road conditions.

Nevertheless, the Defendant neglected this and caused the front part of the bicycle driven by the victim who was driving ahead of the road in the same direction, and changed the course to the left-hand side of the bicycle to be the front part of the bicycle.

As a result, the Defendant suffered salt, tensions, etc. from the victim, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. C’s legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 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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