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(영문) 서울중앙지방법원 2018.05.14 2017고정3771
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car with Crails.

On February 4, 2016, at around 07:50, the Defendant, a two-lane in Seocho-gu Seoul Seocho-gu, having completed the two-lanes in Seocho-gu, Seoul, along the two-lanes from the hotel to the access road to the Olympic Games, changed the lane into one-lane to enter the Olympic Games.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by changing a lane safely by properly considering the traffic situation of the first vehicle in which the driver of a motor vehicle takes the direction, etc. to give notice of change of course, give notice to the left-hand side, give notice to the left-hand side, and enter the motor vehicle.

Nevertheless, the Defendant neglected this and negligently changed the lane as it is, and the victim D (48 tax) who proceeds along one lane in the direction of the Defendant’s proceeding, brought a further impact on the right side of the E-Wz car, which is driven by the Defendant, on the left side of the Defendant’s car.

The Defendant did not immediately stop and take necessary measures, even though the Defendant damaged the passenger car owned by the victim due to the above occupational negligence in order to maintain the amount equivalent to KRW 3,926,274.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A survey report on actual conditions;

1. Photographs of a trace of contact with the damaged vehicle;

1. Written estimate for repair of vehicles;

1. The video CD of the damaged vehicle (the defendant and his defense counsel did not know at all that the defendant was not aware of the accident;

As such, the following circumstances recognized by the evidence duly adopted and examined by this Court, namely, the part adjacent to the left-hand side of the Defendant’s vehicle, which was flicking the part above the right-hand side of the victim’s vehicle, and the victim suffered shocking the vehicle and the body of the victim due to the instant accident.

The accident in this case is also the fact that the vehicle was actually stopped immediately, and the defendant's vehicle is also the accident.

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