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(영문) 서울중앙지방법원 2013.11.15 2013고단1348
도로교통법위반
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

At around 23:50 on November 24, 2012, the Defendant: (a) driven a Crocketing taxi and proceeded at a speed of about 60 km in speed depending on the two-lanes of the said road at a high speed of 50km from the air-speed terminal located in Gangnam-gu Seoul, Seoul; (b) while taking into account the traffic situation of the front and rear left-hand, the Defendant neglected the duty of care to change the lanes to the right-hand side of the said three-lane, and thereby, caused the Defendant to damage the victim’s Fice car to the front and front wheel part of the taxi driven by the Defendant; and (c) by using the front and front wheel part of the said three-lanes of the said three-lane road as it is, the Defendant: (a) neglected to take into account the traffic situation of the front and rear left-hand; and (d) neglected to take it into account; and (d) neglected to take it into account the Defendant’s duty of care to change the lanes to the right-hand side.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each statement on the actual condition of a traffic accident report;

1. Statement of the comprehensive traffic accident analysis statement;

1. Entry in a damage adjusting statement;

1. Statement of the receipt of the deductible contributions by vehicle;

1. Application of each of the visual Acts and subordinate statutes of photographs;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the reason for conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the damaged vehicle changed from three lanes to two lanes, and that the instant traffic accident occurred.

In light of the following circumstances acknowledged by the above evidence, i.e., a taxi driven by the defendant was damaged by the right side of the front part, the front part of the right part, and the front part of the front part, and the back part of the damaged vehicle was damaged by the left part of the back part of the damaged vehicle, and the shape of the other part was cut by the front part of the lower part of the back part of the damaged vehicle.

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