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(영문) 인천지방법원 부천지원 2018.10.11 2018고단1549
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a bicycle owned by the defendant.

On April 15, 2018, the Defendant driven the above bicycle around 22:00, while driving the bicycle in Bupyeong-si B, the Defendant continued to drive the bicycle at a non-speed speed from the E side where C is in D, to the F Hospital.

At this point, pedestrian roads and bicycle roads are adjacent to each other, and there are many people, so in such a case, a person engaged in the bicycle driving duty has a duty of care to prevent accidents by safely driving the bicycle, such as keeping the front door and the right and the right well, and operating the brake system accurately.

Nevertheless, the Defendant neglected this and got the victim's center back wheels part of the victim G (V, 63 years of age) who was walking on the left side of the entrance 3rd in the upper right direction of the Roman course from his occupational negligence, and got the victim to go beyond the center and go beyond the road.

As a result, the Defendant caused the victim to suffer injury on the left-hand end of the 10 week treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The result of the instant court’s accident video CD verification;

1. G statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The case was caused by the accident of this case, where the defendant gets a bicycle, and the crosswalk and the sidewalk led to the occurrence of the accident. However, even though the defendant should have safely landed from the bicycle, it was grossly negligent.

A person suffering from an accident of this case.

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