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(영문) 서울북부지방법원 2014.07.24 2014고정551

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 10, 2013, the Defendant operated Cho XG car, and changed the course to a two-lane in the speed of about 70 to 80km in the speed of about 70 to 80km in the speed of the city according to one lane, toward the road of about 254km in the middle side of the Nanando-ro-gun of the Danbuk-gun of the Chungcheongnambuk-do, the two-lanes of which are located in the middle side of the west-do of the Seoul-do.

The place was an expressway where the vehicle is traveling along the speed, and there was a vehicle driving the two-lanes at the time, so the person engaged in driving service has a duty of care to change the course in a way that does not obstruct the passage of other vehicles driving on the front and rear left, giving prior notice of the change in the course, and properly check the traffic situation of the vehicle driving on the front and rear left, if the person engaged in driving service changes the course.

Nevertheless, as a result of neglecting this, the part of the Do driving, which was driven by the Defendant due to a sudden negligence by operating the brakes during career changes, was moved to the front part of the Do driving, which was driven by the Defendant, with two-lanes of the Do driving which was driven by the Defendant, e.5 tons of early 4.5 tons.

Ultimately, due to the above occupational negligence, the Defendant caused the victim F (V, 56 years old) who was on board the said car truck to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report and an inspection report on the initial and initial action status of the traffic accident;

1. A medical certificate with respect to F;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and harming vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;