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(영문) 서울동부지방법원 2016.07.12 2016고정604
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CL125S motor bicycle.

On October 20, 2015, the Defendant driven a bicycle with a motor engine device around 08:40 on October 20, 2015, and led a village bus stopped in the front of a public intermediary in Seongdong-gu Seoul Metropolitan Government to the front of the road in front of the public intermediary in Seongdong-gu, Seoul to the front of the village bus parked in the front bank, while driving in front of the public intermediary in Geum-dong.

At the same time, each village bus stops in order to get passengers get on and off the road on the front side of the road as the one-lane housing is a side road, and there is a bus stop installed on both sides of the road. In such a case, a person engaged in driving motor bicycle has a duty of care to take over the road at a safe speed and in such a way as to use a direction gauge, light or horn, etc. after reducing the speed or stopping the bicycle and checking whether there is a pedestrian crossing the road on the front side.

Nevertheless, the defendant neglected this and moved ahead of it to the left side of the village bus which stopped on the front bank, and turned over the bridge part of the victim F (52 years old) crossing the road in front of the village bus.

Ultimately, the Defendant suffered injury to the victim, such as mination of fladry in the steel flag, which was caused by the above occupational negligence by the victim, for about 10 weeks of the cost required for medical treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, traffic accident occurrence report, diagnosis certificate, and investigation report (verification at the scene of accident);

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. Attraction of a workhouse;

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