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(영문) 서울중앙지방법원 2017.11.09 2017고정2732
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a rash vehicle B.

No driver of any motor vehicle, etc. shall threaten, threaten, or cause any danger to traffic, by continuously or repeatedly committing at least two of the violations of signal or instruction, central line, speed, violation of prohibition against crossing, U-turn, and backward, maintenance of safety distance, violation of prohibition against changing course, violation of prohibition against changing course, or violation of prohibition against rapid brakes.

On March 24, 2017, the Defendant driven the above vehicle at around 10:01, while driving the vehicle at the south of Korea, from the south of Korea, to the fourth lane in the direction of the new private road.

Since the place is the place where the border road and the new road are to be located on the surface, in such a case, the driver of the vehicle shall reduce the speed once, change the course rapidly or take an urgent action to stop the operation, and there was a duty of care to safely drive the vehicle.

Nevertheless, the Defendant changed the course from four lanes to three lanes in a place where the two roads come back at the intersection of the South and North Korean intersection, which is a section of the prohibition of change of course, to another person or caused danger and injury to another person or traffic. However, the Defendant was driving a motor vehicle in distress by making a violation of the prohibition of rapid restriction while driving a motor vehicle in parallel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the occurrence of retaliation against C;

1. The application of the Acts and subordinate statutes to report internal investigation and investigation by each police;

1. Relevant Article of the Act and Articles 151-2 and 46-3 subparagraph 5 and 19 of the Road Traffic Act, and selection of fines concerning facts constituting an offense;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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