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(영문) 서울남부지방법원 2016.06.30 2016고정175

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 19, 2015, the Defendant driven a low-priced car at B (10:20) around 10:20, and moved the front road of the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone from the side of the Kimpo Airport to the Gepo Airport to the Gepo Airport, thereby changing the course from the five-lane to the two-lane.

The driver of a vehicle has a duty of care to not change course when it is likely to obstruct the normal passage of another vehicle running in the direction of the change in the case of changing the course of the vehicle in five lanes.

Nevertheless, the Defendant neglected this and neglected to change the course from the five-lane to the two-lanes, thereby causing the front panion of the victim C Driving D taxi to the lower left-hand side of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to the foregoing occupational negligence, and at the same time damaged the said taxi by exchanging the so-called so-called fag that it would amount to approximately KRW 1,648,986.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. Bluice stuffs images;

1. Photographs at the time of accident;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Competition;

1. Selection of an alternative fine for punishment;

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;