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Reasons
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(영문) 대구지방법원 서부지원 2013.09.25 2013고정899
교통사고처리특례법위반등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around 18:20 on May 17, 2013, the Defendant driven a bicycle and proceeded at a speed of about 10 kilometers per hour on the front side of sewage treatment plants from the front side to the front side of sewage treatment plants.

In this regard, there was a duty of care to change the course while considering the situation before and after the change of the course well.

Nevertheless, the defendant neglected this and changed the course to the left side by negligence, and the part on the right side of the bicycle front-hand side of the defendant's bicycle driving by the victim B (the 58-year old) who was driving in the same direction, and the victim exceeded the above bicycle lane.

As a result, the Defendant suffered from the above occupational negligence to the victim B with approximately four weeks of treatment.

2. The Defendant destroyed the damaged bicycles, such as those mentioned in the preceding paragraph, to cover repair costs of 270,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) is deemed to be reasonable for the victim’s negligence, such as overfinite, while a witness B is ice, and

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