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(영문) 의정부지방법원 고양지원 2013.06.20 2013고정241
교통사고처리특례법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant driven a bicycle on September 22:10, 2012, and led to the high-speed fire-fighting log from the side of the Sungyang-gu, Seoyang-gu 621-3, Seoyang-gu.

Since there is an intersection where signal lights are installed on the front side, a person engaged in bicycle driving service has a duty of care to safely drive the bicycle in accordance with the signals by reducing speed and by properly examining the front side and the left side.

Nevertheless, even though the vehicle progress signal was changed to the stop signal, when it was due to the negligence of entering the intersection as it was, the part of the front side of the DNA Rotoba driven by the victim C(16 years of age) who is left to the left from the right side of the bicycle was driven by the defendant's bicycle.

As a result, the Defendant suffered injury to the victim, such as fingers, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and at the same time damaged the above repair cost to the extent of KRW 426,000, such as the exchange of Baba, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on vehicle repair receipts;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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