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(영문) 의정부지방법원 2014.12.18 2014고정54
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 27, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, driving a bicycle at around 17:20, and driving a bicycle at around 86, the first dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

At the time, the place is a hond bicycle riding route with the center line of yellow-ray. In such a case, a person engaged in the bicycle driving duty has a duty of care to thoroughly drive the bicycle in the front line and to keep the lane safely.

Nevertheless, the defendant neglected this and caused the front side of the bicycle operated by the victim C (the aged 41) who was driving a bicycle on the opposite lane by negligence beyond the center line to the bicycle front side of the bicycle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of business as above, such as “slick slicks and slick slicks,” which requires approximately two weeks of medical treatment.

2. 도로교통법위반 피고인은 위 1항 기재와 같은 일시, 장소에서, 위와 같은 사고로 인해 피해자 소유의 첼로 솔레이오 자전거를 파손시켜 725,000원의 물적 피해를 입게 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of on-site photographs and statutes governing damaged bicycles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

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 (1) 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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