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(영문) 창원지방법원 진주지원 2016.03.17 2015고정738

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 low-priced car.

On September 26, 2015, the Defendant driven the above car on September 26, 2015, and moved the way to the access lane on the side of the Jinsan-si located in Jinsan-si, Jin-si, Busan-si, and the front road of 82.4km in Busan-do, Busan-do, the Busan-do-do-do-do-do-do.

When the driver of any motor vehicle intends to change the lane, he/she has the duty of care to avoid the collision with the latter motor vehicle running along the lane that he/she intends to change the lane, if it is impossible to secure the necessary distance to avoid the collision with the latter motor vehicle, he/she shall not change the lane.

Nevertheless, the defendant did not discover the D Freight of the victim C (S 43) who had been driving in the same direction of the same way with the negligence of neglecting the previous direction of the week, and did not look at the D Freight of the victim C (S 43) who was driving in the same way to the right-hand side of the same direction, and due to the shock of the victim's driver's vehicle, the damaged vehicle was released from the vehicle to the lower part of the damaged vehicle in the process of returning the damaged vehicle to the shock road on the left-hand side of the direction of the driving.

Ultimately, the Defendant caused the death at around 08:00 on the same day due to the occupational negligence, such as the complexity of two open frames, brain death, and the shock of real blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report and a traffic accident report;

1. A corpse inspection report and a corpse inspection report;

1. Application of the statutes governing traffic accident-related 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;