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(영문) 서울북부지방법원 2018.01.11 2017고정585
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car of C Mu Sha.

On June 14, 2016, the Defendant driven the above car at around 10:00, and moved to the direction of the university in accordance with three-lanes of the way in which the crossing of the beneficiary in front of the bank in front of the Seoul Jongno-gu Seoul, Jongno-gu, Seoul, would turn to the direction of the university, along the three-lanes of the way in which the crossing of the beneficiary in front of the bank is crossing from the south south to the intersection.

Since there are frequent vehicles, in such a case, the Defendant, who is engaged in driving of a motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to cause danger and harm to others according to road traffic conditions and the structure and performance of the motor vehicle by accurately manipulating the steering direction, brakes, etc. of the motor vehicle while driving the motor vehicle on the right side and checking the safety distance, but the Defendant shall not drive the motor vehicle at such a speed or in such a manner as to interfere with other persons.

D(70) Driving E, U.S. 249CC, which violated the duty of safety driving by bypassing the D(70) driving without properly examining the coming from 249CC.

Summary of Evidence

1. Accident video CD (23 pages of investigation records);

1. Video CDs submitted by the person under consideration;

1. Application of CCTV-related Acts and subordinate statutes to accident scene CCTVs;

1. Article 156 of the relevant Act and Articles 156 subparagraph 1 and 48 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The crime of violation of the duty to drive safety under the Road Traffic Act and the crime of bodily injury resulting from the duty and the actual injury under the Act on Special Cases concerning the Settlement of Traffic Accidents is not identical because of the contents and behavior of the crime, the form of the act, and the legal interests and characteristics of the crime (see Supreme Court Decision 2001Do849, Nov. 22, 2002). Thus, there was a disposition not to prosecute the latter.

Therefore, it is not impossible to punish the violation of the Road Traffic Act.

3. Defense counsel;

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