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(영문) 대전지방법원 2018.08.31 2018고정633
도로교통법위반
Text

A defendant shall be punished by a minor fine of 30,000 won.

Where the defendant does not pay the above minor fine, 15,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles B.

When it is likely to impede normal traffic of other vehicles running in the direction to which the driver of any motor vehicle intends to change course of his/her motor vehicle, he/she shall not change his/her route, and shall not temporarily stop his/her motor vehicle or reduce his/her speed, unless he/she intends to change his/her route and it is necessary to prevent danger and other unavoidable circumstances.

Nevertheless, the Defendant, at around 13:00 on November 28, 2017, driven the above vehicle at around 13:0 and proceeded along the three-lane road at the right of defense of the Defendant, which is located in Daejeon U.S. P. S. P.C. 52-6, at the entrance of the Daejeon P.S. P. P., the Defendant changed the three-lanes from the North Daejeon ICT to the two-lanes, while changing the three-lanes, on the ground that the victim C driver’s vehicle driving on the three-lanes does not yield any concession. Thus, it is confirmed that the identity of the facts charged is recognized, and that there is no concern for substantial disadvantages to the Defendant’s exercise of the Defendant’s right of defense. Accordingly, the Defendant changed the part of the charges to delete the three-lanes without going through the amendment of indictment. The Defendant changed the three-lanes to the three-lanes.

Summary of Evidence

1. Partial statement of the defendant;

1. According to the video of the reported vehicle, it can be confirmed that the Defendant was rapidly changing the course of the victim’s vehicle, even though it is likely that the Defendant could obstruct the passage of the victim’s vehicle that was going on the right side.

In addition, the defendant suspended the vehicle of the victim himself/herself, and even if he/she did not know about the sound as alleged by the defendant, it is difficult to view that it constitutes "the case of preventing danger or in any other inevitable case" due to such circumstance.

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