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(영문) 춘천지방법원 강릉지원 2016.12.08 2016고단1218
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

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

On April 8, 2016, the Defendant driven the said car at around 06:40, while driving the said car, and driving the road in front of the central elementary school located in 18, Gangnam-nam, Gangnam-nam, Jungpo, according to three-lanes from the side of the access road to the west intersection, and changing the lane into two-lanes.

Since there are vehicles going behind the defendant's moving direction at the time, there was a duty of care to inform the person engaged in driving service of the direction change as direction direction, etc. in advance, and to prevent accidents by changing the lane safely in order to make the traffic situation of the front and rear left well and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to change the lane, and found that the victim C(28 years old) driving along the two-lanes behind the Defendant at a late time, and received the victim's right wheel part with the victim's motor vehicle left side gate and front part with the victim's motor vehicle gate and front part.

As a result, the Defendant suffered injury by an open room, etc., which does not keep to the right for a period of three weeks from the above occupational negligence, and at the same time damaged the above Oral Ba so that the repair cost of KRW 1,315,000.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and field photographs;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (investigation into comprehensive insurance, non-agreement, etc.);

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 (Punishment prescribed for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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