(영문) 수원지방법원 2017.11.24 2017고정2787

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(영문) 수원지방법원 2017.11.24 2017고정2787

도로교통법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a cuss vehicle in B.

On March 25, 2017, the Defendant driven the above vehicle on March 19:35, 2017, and proceeded at the speed of the two lanes in front of the new apartment complex, which is located in the Orasan City, in the direction of Osan City, and the two lanes in front of the new apartment.

In such cases, a person engaged in driving service has a duty of care to safely change his/her course after securing a sufficient distance to prevent conflict with other vehicles of the vehicle that intends to change course.

Nevertheless, the indictment is written to the effect that the defendant was negligent in operating the direction direction, etc. while the defendant neglected this, but the record reveals that the defendant did not operate the direction direction, etc.

There is no evidence to see it, and the relevant part shall be deleted from criminal facts.

By the negligence of changing the course from the two-lane to the one-lane of the driver, the part adjacent to the right side of the driver's vehicle of the victim C (son, 50 years old) driving in the first lane, the left side of the driver's seat of the defendant's vehicle, was shocked by the fences in front of the driver's seat.

As a result, the defendant damaged the above damaged vehicle to require repair costs of 2,432,00 won through the exchange of multi-class panel.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to request the payment of damaged vehicles and specifications for maintenance;

1. Relevant Article 151 of the Road Traffic Act concerning facts constituting a crime and Article 151 of the same Act concerning selective 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;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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