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(영문) 대전지방법원 천안지원 2018.03.29 2017고정659

도로교통법위반

Text

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

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

Reasons

Punishment of the crime

On November 12, 2016, around 17:40 on the 17:40th, the Defendant was driving a C-A-Wurd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-W

A person who drives a motor vehicle shall not threaten or endanger other persons or cause danger to traffic by having committed at least two acts, among the acts of securing a safe distance, violation of prohibition of change of course, violation of prohibition of rapid restriction, etc.

However, even though it is likely that the Defendant might obstruct the normal passage of the Eststren motor vehicle driven by London D while driving on the two-lanes of the above road on the road, which is the place where the front right is prohibited, the Defendant rapidly operated by changing the course and reducing the speed of the Astren motor vehicle after the deadline for the front.

As such, the Defendant threatened another person with danger or injury, or caused danger to traffic.

[Public prosecutor stated in the facts charged that the defendant stated that "the defendant had passed before without securing a safe distance," and stated that the defendant violated the safe distance.

However, the maintenance of the safety distance prescribed by Article 46-3 subparag. 5 of the Road Traffic Act refers to the maintenance of the safety distance under Article 19 of the Road Traffic Act, which does not comply with the obligation to secure a distance that can avoid a collision with the vehicle behind the vehicle behind which is going in the same direction.

Securing the safety distance stated in the facts charged at the time of the front, i.e., prior to the next lane;

D’s failure to secure the safety distance for D cannot be seen as “the securing of the safety distance under Article 19 of the Road Traffic Act.”

If this is called to secure the safety distance under Article 19 of the Road Traffic Act, the act of overtaking the vehicle using the next vehicle line is unfair conclusion that securing the safety distance.