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(영문) 서울중앙지방법원 2017.03.30 2017고정752

도로교통법위반(사고후미조치)

Text

A defendant shall be punished by a fine of 500,000 won.

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 motor vehicle B, rabal, or cargo vehicle.

On January 4, 2017, the Defendant operated the above cargo vehicle around 09:57, and changed the lane into one lane in the direction of the circulation distance from the south of the distribution to the south of the distribution distance. The Defendant is driving the above cargo vehicle in Seocho-gu Seoul, Seocho-gu, Seoul, along the three-lane roads near the 137 long-distance circulation.

When a person engaged in driving motor vehicles is likely to impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and he/she has a duty of care to prevent accidents due to the change of the lane safely, such as notifying the change of direction in advance.

Nevertheless, the Defendant neglected this and neglected to change the course to the left part of the Defendant’s vehicle loaded on the Defendant’s vehicle, which was driven by the Victim C (35 years old) driving in the same direction.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the property that requires approximately KRW 2,096,038 of the repair cost to the damaged vehicle, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents and photographs related to traffic accidents;

1. Application of the Police Investigation Report Act

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, 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;