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(영문) 서울북부지방법원 2014.02.10 2014고정118
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 13:39, 2013, the Defendant driven the said car, and driven the subway flow 7 lanes in front of the subway flow station 338, Gangnam-gu, Seoul, Gangnam-gu along the three-lanes from the parallel parallel to the similar distance. The Defendant changed the lanes to the two-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to make a change of course by operating direction direction, etc. and give prior notice of change of course, and to make a change of the vehicle line in the situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the car line to the left-hand side as it is, due to the negligence of changing the car line to the left-hand side, and the victim D (the age of 30) driving in the same direction according to the two-lanes, received the side part of the passenger car driving on the left-hand side of the passenger car of the Defendant.

In this regard, the Defendant suffered from the victim’s impairment of the two weeks’ personality requiring medical treatment due to the above occupational negligence, and at the same time damaged the above so far as the repair cost of KRW 7,043,824.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) and an investigation report (in accordance with the submission of a written estimate);

1. Application of the statutes governing a written diagnosis, written estimate, or written estimate;

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 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;

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