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(영문) 서울북부지방법원 2016.08.11 2016고단1187
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in the driver’s service of C Poter freight vehicles.

On 08:00 on 17, 2016, the Defendant driven the above cargo vehicle at around 08:00, and changed the two lanes from the front intersection of Dongdaemun-gu Seoul to the intersection of the blue-ri Intersection, the front direction of the E, located in Dongdaemun-gu Seoul, changed the lane to the one lane while driving along the two lanes from the front intersection to the intersection of the blue-ri Intersection.

In such cases, a person engaged in driving service has a duty of care to change his/her course safely so that he/she can prevent any accidents that may occur with other vehicles already straight on the left-hand side and the rear side from occurring in the lane that is intended to turn on a direction in advance and to change the left-hand side and the rear side.

Nevertheless, the defendant neglected to do so and continuously changed his course in a single-lane in the same direction.

The upper right side of the GMW car was shocked by the Defendant’s driver’s left side of the freight vehicle.

Accordingly, the Defendant damaged the car owned by the victim with the above occupational negligence so that the repair cost equivalent to KRW 4,188,300 was damaged.

2. On March 17, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of C Freight in about 4 km section from the front day of the department located in the Yongsan-dong Seoul Seongdong-gu Seoul Metropolitan Government, to the front day of the road located in Dongdaemun-gu Seoul, Dongdaemun-gu, without obtaining a driver’s license on around 08:00 on March 17, 2016.

3. On March 17, 2016, the Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) drive the above cargo vehicle around 08:00, and (b) drive C Poter truck not covered by the automobile mandatory insurance on the front road located in Dongdaemun-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The actual investigation report on traffic accidents;

1. Written estimate;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 151 of the Road Traffic Act (the point of damage to occupational negligence) concerning facts constituting an offense;

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