(영문) 서울중앙지방법원 2013.11.14 2013노3403

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(영문) 서울중앙지방법원 2013.11.14 2013노3403

교통사고처리특례법위반등

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The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. The judgment of the court below that found the victim guilty of the facts charged of this case even though the victim expressed his/her intention not to punish by agreement with the victim before the judgment of the court below was rendered is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

2. Determination

A. On May 14, 2013, the Defendant: (a) driven a bicycle around 22:00 and changed the course to the left-hand side in order to turn to the left-hand turn while driving the bicycle track on the Han River Water Site located in the Han River Water Zone 378, Dong-dong, Gangnam-gu, Seoul, in the direction of the Han River Zone; (b) from the direction of the Han River Zone, the Defendant changed the course to the left-hand side.

Since the structure of a bicycle lane makes it possible for a bicycle rider to pass ahead of a bicycle running ahead in the same lane, the preceding bicycle rider has a duty of care to inform the bicycle rider of his/her driving direction in the rear side and to change his/her course safely.

Nevertheless, the Defendant neglected this and did not notify in advance of the change of course, and caused the victim to go beyond the floor by the collision with the bicycle front wheel part of the victim B (the age of 28) driver's bicycle driving who was going behind by the defendant's left side in the direction of the Han River and the bicycle road in the direction of the Han River and the Hannam River.

As a result, the Defendant suffered injury to the victim's right-free frameworks that need to be treated for about six weeks by occupational negligence as above, and at the same time, damaged the above bicycle owned by the victim to the extent that the repair cost, such as pressing exchange, was KRW 6,367,00.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in its judgment.

C. The decision of the court below is in this case.

유사 판례

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