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(영문) 서울서부지방법원 2020.11.12 2020고단2381
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 bicycle.

On June 2, 2020, the Defendant driven the above bicycle on June 16:35, 2020, and proceeded one bicycle lane in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, one way from the parallel of Korea to the intersection of Korea.

At this point, the center line of yellow solid lines was installed, and bicycles pass rapidly, so in such a case, the driver of the bicycle has a duty of care to check out the traffic situation well and to prevent accidents by driving the bicycle safely in the center, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and brought the front part of the victim C(75 years old)'s bicycle driving that was driven in the opposite opposite lane due to negligence beyond the central line, was shocked by the front part of the defendant's bicycle driving.

Ultimately, the Defendant caused the victim to suffer injury, such as blood transfusion, at least eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the defendant's statement in court, the actual condition of his/her statement, and the statement;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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