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(영문) 서울동부지방법원 2017.08.22 2017고정790
도로교통법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the business of driving B golf vehicles.

On November 29, 2016, the Defendant driven the above vehicle at around 07:54, and changed the course to the five-lanes of the Song-dong, Songpa-gu, Seoul, the other five-lanes of the outer expressway 9.4km away from the south bank to the Sungnam bank.

It is an automobile-only road.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, and has the duty of care to give advance notice of change of course and to prevent accidents by safely changing the lane through the operation of direction direction, etc. in advance, and the situation of traffic is well considered.

Nevertheless, the Defendant neglected to change the lane and interfered with the course of the victim C(the 39 years old, South) driving by the same direction four lanes, causing the collision between the back part on the left side of the driver's vehicle of the Defendant and the front part of the victim's driver's vehicle, thereby damaging the property equivalent to approximately KRW 678,468, in estimate of repair by exchange of Lart pans, etc. after the damaged vehicle.

2. The Defendant 1 driven a B golf car owned without a driver’s license in the section of about 15 km from a place where it is impossible to find out that it was ever less than twice in the Sinnam-si, Sinnam-si, Songpa-gu, Songpa-gu, Seoul, to the front road 9.4 km away from the 9.4 km-dong, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of the ledger of driver's licenses (A), written estimates of vehicles (D), and statutes governing vehicle photographs of vehicles involved in accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, and the Road Traffic Act which choose a sentence;

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