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(영문) 부산지방법원 2017.12.14 2017노3919
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have to drive in bad condition, but the court below found the Defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.

2. Determination

A. The driver of any motor vehicle in the facts charged in the instant case shall accurately operate steering gear, brakes and other devices, and shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and injury on others, depending on the road traffic conditions and the structure and performance of the motor vehicle, and, in particular, shall not inflict any danger or injury on others or cause any danger or injury to traffic continuously or repeatedly by committing two or more acts, such as signal violations, median lines, violation of speed prohibition, etc.

Nevertheless, the Defendant, at around 20:00 on April 2, 2017, driven a 20:0 B private taxi and driven a two-lane road in the direction of Busan at the 1452-lane in front of the 1452 driverial vehicle, which changed from the 2-lane to the 1-lane driverial vehicle of the victim C (60 years old, South) who changed the course from the 2-lane to the 1-lane driverial vehicle in order to drive the 1-lane driverial vehicle in the direction of Busan, the Defendant continued to overtake the 2-lane driverial vehicle on the ground that the 2-lane driverial vehicle of the victim C (60 years old, South) turns down along the 1-lane driverial vehicle in the front of the 1452 driverial vehicle. The Defendant, without any justifiable reason, tried the damaged vehicle on the ground that the 2-lane driverial vehicle has changed from the 2-lane driverial vehicle to the right side.

As a result, the defendant committed a violation of prohibition of career change and a violation of the prohibition of sudden restriction, thereby threatening or endangering the above victim or causing danger to traffic.

B. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the lower court, namely, the victim C, which is the victim C, with a horn raised by the Defendant.

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