(영문) 서울남부지방법원 2018.11.08 2018고정190

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(영문) 서울남부지방법원 2018.11.08 2018고정190

교통사고처리특례법위반(치상)

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle of K3 as a car.

On January 5, 2017, the Defendant driving the above vehicle at around 14:00 and changed the course to one lane at a speed of about 10 km each hour between the two lanes in the direction of the new speed.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents such as reducing speed by informing the driver of the motor vehicle of the direction before changing the lane.

Nevertheless, the defendant neglected to do so and changed the course to a one-lane, and the defendant has proceeded along the same one-lane.

In order to avoid a collision with the defendant's vehicle, the victim H(W, 62 years old) who was on the bus in the damaged vehicle was on board the bus in order to avoid the collision with the defendant's vehicle.

Ultimately, Defendant 2 suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and H;

1. A investigation report (to peruse G bus booms), video data CDs;

1. Medical certificate (H) (the defendant's defense counsel was not negligent in the defendant's accident since the victim exceeded as mentioned above, there was no relationship between the defendant's negligence and the accident, and the defendant could not have predicted the occurrence of the result.

The argument is asserted.

However, according to each of the above evidence, the Defendant attempted to change the lane from the two lanes to the one lane without turning on the direction direction, etc., and without decreasing speed, it constitutes negligence in failing to perform the duty of care to be observed by a person driving a motor vehicle when changing the lane.

The defendant is obliged to pay the above duty of care.

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