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(영문) 서울중앙지방법원 2014.12.19 2014고정2806

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 11:50 on February 20, 2014, the Defendant driving a B Kanche vehicle, and changed the vehicle line into one lane in the direction of scambling in the direction of scam from the new forest basin.

Every driver of a motor vehicle has a duty of care to safely drive the motor vehicle in order to turn on direction when changing the vehicle line and to prevent the accident from being interfered with the passage of other motor vehicles.

Nevertheless, the Defendant neglected this and changed the vehicle to a single lane, and the victim D (32 years old) driving in the same direction conflict with the two sides of the victim D (32 years old) driving vehicle with the left side of the Defendant driving vehicle.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as salt dynasty and tension which require approximately two weeks of treatment.

2. The Defendant: (a) caused a traffic accident by occupational negligence at the time, at the same time, and at the same place under the preceding paragraph; (b) thereby, destroyed the said E Cost 401,047 won.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report and investigation report (examination of terms and conditions of the automobile insurance certificate);

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate (D);

1. Application of written estimates for checking and maintaining motor vehicles;

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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;