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(영문) 서울중앙지방법원 2017.01.11 2016고정3515

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On May 28, 2016, the Defendant driven the above-mentioned vehicle around 13:30 on May 28, 2016, and changed the lane to 20 kilometers a speed of five lanes prior to D in the Dongjak-gu Seoul Metropolitan Government.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to give notice of change of course by operating direction, etc., and to change the vehicle line in the future and after considering the traffic situation at the right and right.

Nevertheless, due to the negligence of changing the vehicle line as it is, the victim E(32) was found to be late and the part of the damaged vehicle was shocked by the defendant's left side to the right side of the damaged vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E (32) such as salt and tensions of a shoulder pipe that requires approximately two weeks of treatment, and the victim G (30 years of age) who was on board the damaged vehicle with approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Do image closure photographs;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

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;

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;