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(영문) 의정부지방법원 2015.09.04 2015고단1576
도로교통법위반
Text

A defendant shall be punished by a minor fine of 30,000 won.

Where the defendant does not pay the above minor fine, 15,000 won shall be one day.

Reasons

Punishment of the crime

No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route.

On December 18, 2014, the Defendant, around 12:20 on December 12:20, the two-lanes of the three-lane road in front C in Yangju City, had been driving the three-lanes of D C, and had the possibility of hindering the normal traffic of the E-driving that continued above the three-lanes of the same road, and changed the course to three-lanes.

Summary of Evidence

1. Each police statement of E and G;

1. A report on traffic accidents and a report on actual condition;

1. A comprehensive analysis of traffic accidents;

1. On-site photographs (G’s statement and traffic accident comprehensive analysis), it is recognized that the Defendant had entered a three-lane road in which the Defendant had entered the two-lane road, which is a three-lane road, and that the Defendant had breached his duty of care in career change. Thus, the Defendant may be found to have breached his duty of care in career change (the above evidence alone may recognize the Defendant’s breach of duty of care. However, in the case of the accident site, G statements that there are many cases where the snow is accumulated in the three-lane road, and the snow is not accumulated in the case of the accident site, and it seems that the above snow was dried in the three-lane road at the time. According to the on-site photographs, it seems that there is a high possibility that the Defendant could turn bypass the two-lane road, which has not been accumulated.

[2] Application of the Act

1. Relevant Article 156 subparagraph 1 of the Road Traffic Act and Article 19 (3) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of penalty and minor fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 186 (1) and 191 (1) of the Criminal Procedure Act that bear litigation costs;

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