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(영문) 서울남부지방법원 2017.08.11 2017고정1085
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle with a motor device B.

On January 28, 2017, the Defendant driven the above vehicle at around 01:16, and moved the intersection of the front distance of Gangseo-gu Seoul Metropolitan Government C from the front side of the new elementary school to the front middle school in the direction of the thermal middle school.

The location is where a yellow on-and-off signal is installed, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a vehicle crossing by reducing the speed or temporarily suspending the vehicle, and to check the right and the right of way prior to the direct exhaustion, and to proceed with the safety of the course by checking it well.

Nevertheless, the defendant is divided from the entrance side at the entrance side of the erode tunnel where he neglected to do so and directly due to negligence.

Of the four-lanes in the direction of the hospital, the front wheels of the victim D ( South, 21 years old) driving E-Engine bicycle and the rear wheels of the driving motor bicycle of the defendant was collisioned.

Ultimately, Defendant 1 suffered injury, such as salt, tensions, etc., in need of approximately three weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident;

1. A traffic accident situation statement and an accident explanatory note;

1. An accident scene photograph;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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