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(영문) 수원지방법원 안산지원 2015.04.15 2014고정1656
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. On October 26, 2012, the Defendant, while driving a sealed franchising freight vehicle B, changed the course to three-lanes while driving the three-lane road at the speed unfining speed according to four-lanes from the end of the port quarter where the city interest rate is located at the (city direction) 97.5km (city direction).

In such cases, when it is likely that a person engaged in driving 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 he/she has the duty of care to give advance notice of change of course and to prevent accidents by safely changing the lane in the direction of the direction, etc. in the direction of the change.

Nevertheless, the defendant neglected this and changes the lanes.

C, which was directly driven by three-lanes in the same direction, obstructed the course of the D Ethmp car operated by C, to load the driver's seat of the above cargo vehicle, and then the side and the front side of the said vehicle conflict.

Ultimately, the Defendant, by occupational negligence, destroyed property equivalent to KRW 3,09,356, including a sum of KRW 1,284,60, and a sum of KRW 1,814,750, and the cost of repairing gas boiler parts, which were loaded in the said vehicle quantity, and escaped without any measure at the site.

2. The Defendant was prohibited from operating a motor vehicle that is not covered by mandatory insurance on a road, but driven the foregoing cargo vehicle without mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on actual condition;

1. Application of Acts and subordinate statutes concerning the damage to damaged vehicles, photographs, estimates, and mandatory insurance data;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act (the point of taking action after the accident), Article 151 of the Road Traffic Act (the point of causing the destruction of and damage to property by negligence), the choice of punishment, etc.

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