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(영문) 서울중앙지방법원 2015.07.15 2014고정4771
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle for a franchise.

피고인은 2014. 6. 9 10:20경 위 차량을 운전하여 서울 강남구 강남대로를 양재교차로 방면에서 뱅뱅교차로 방향으로 편도4차로 중 1차로를 따라 미상의 속력으로 진행하다

The two-lane course has changed from the same direction.

In such cases, a driver of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of change, and he/she has a duty of care to operate direction direction etc. in advance and to safely change the lane and prevent accidents due to the safe change of the lane.

Nevertheless, the Defendant neglected this and neglected to change the lane, thereby obstructing the course of the victim D (the age of 63)'s vehicle in the victim D (the age of 63)'s E in the same direction by driving the two-lanes of the same direction, and received the part on the right side of the victim's vehicle from the right side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as catitis, which requires around three weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act, at the time and place of the entry in the preceding paragraph, destroyed the victim’s vehicle to have an amount equivalent to KRW 2,875,147 due to a traffic accident caused by occupational negligence such as the preceding paragraph.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a car free motor vehicle without being covered by the mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. A traffic accident report;

1. An accident site photograph;

1. Mandatory insurance policies;

1. A medical certificate or written request for insurance;

1. Application of the Act and subordinate statutes on CD-related video data;

1. Criminal facts;

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