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(영문) 서울서부지방법원 2016.08.18 2015노1984
도로법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 30,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Comprehensively taking account of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal, the lower court acquitted the Defendant of the instant facts charged on the ground that the Defendant could have found that he had changed the course by violating Article 19(3) of the Road Traffic Act, as stated in the facts charged.

2. On February 28, 2015, the Defendant: (a) was the driver of a taxi with Crocketing personal taxi; (b) when driving the above vehicle around 00:40 on February 28, 2015 and changing the course from the first lane to the second lane on the 128-lane 4 lane in Gwanak-gu, Seoul Special Metropolitan City, the Defendant breached the method of changing the course without changing the course when a person engaged in driving a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction of the change; and (c) the Defendant violated the method of changing the course without neglecting his/her duty of care, even though he/she had the duty of care to safely change the lane by operating the direction direction, etc. in advance, giving notice of the change of course, and properly changing the way of the accident.

3. In addition to the evidence duly adopted and examined by the court below, the court below considered the witness G, F, and D’s respective legal statements, reports on the occurrence of traffic accidents, each investigation report (on-site investigation, submission of diagnosis certificates, victim’s counter investigation, cab black stuff investigation), and the old language map search screen, etc. as follows: ① the defendant immediately before the accident of this case was driving on the first lane, namely, the defendant was running on the first lane, but it is no longer possible to go straight and to turn to the left, and thus, the defendant was installed at the right angle and at the right angle on the road of the front section, and thus, at the time, the vehicle line was changed to the second lane. ② However, the defendant was turned to the last part of the first line back to the second line.

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