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(영문) 서울동부지방법원 2018.04.12 2017고단4208
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On July 13, 2017, the Defendant driven the above bicycle on July 21, 2017, and proceeded with the bicycle lane of one lane in the direction of the locking bridge in the Gangseo-gu Seoul Metropolitan City as Hanporo 65.

Since a place is where a central line is installed, a person engaged in driving service has the duty of care to prevent accidents in advance by driving safely along the right side of the central line by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and tried to overtake a bicycle going ahead of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the gate, and the bicycle front portion of the victim B (V, 47 years old) driving in the direction of the direction of the gate opposite to that of the defendant's bicycle driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral le, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident prepared B;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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

1. The degree of injury of a victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is minor;

Although the defendant can not be seen, the defendant was insured to compensate for the damage caused by medical expenses, etc., and the defendant has no record of punishment since 1996, the sentencing conditions such as the defendant's age, sex behavior, environment, circumstances, circumstances after the crime, etc. shall be comprehensively considered, and the sentence shall be determined as ordered.

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