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(영문) 제주지방법원 2013.09.04 2012고단1062
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 1, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving a CPP car owned by B on June 1, 2012, and driving a halog car at a speed of 300 meters high from the narrow distance to the narrow distance.

A driver of any motor vehicle shall have the duty of care not to change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course.

Nevertheless, the Defendant neglected the above duty of care and tried to change the vehicle into a one-lane prior to right-hand, and the Efranzy driveed by D, which was driven in a two-lane normal course, caused the injury to the victim of taxi passengers (the age of 17) on the part of the taxi by plucking or digging off hand to the right-hand side of the road in order to avoid a collision with the Defendant’s vehicle.

2. The Defendant violated the Road Traffic Act, as stated in paragraph 1, destroyed the victim’s Egyl HG taxi cars in return for the repair cost estimate.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each written statement of D;

1. A medical certificate (F);

1. Application of Acts and subordinate statutes to report on investigation (verification of damaged 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty);

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 provides that a provisional payment order shall be issued.

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