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Reasons
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(영문) 수원지방법원 여주지원 2015.06.23 2015고정133
도로교통법위반등
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Defendant shall be punished by a fine of four 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 a Brenren car.

On December 20, 2014, around 17:22, the Defendant, while driving at approximately 90 km speed from the side of Echeon-si, the two-lane road in the Yong-dong Highway 73 km to the Sincheon-si, the Defendant changed the course to the three-lane course due to Emphalk.

At the same time, DW GT20d Raditotor car driven by the victim C(45 years of age) is driving on the three-lane, and thus, in this case, the driver is obliged to pay a duty of care to prevent accidents by driving the vehicle on the road that he/she intends to enter as a driver, displaying a direction indicator prior to the change of the lane, using a direction indicator, etc., maintaining the safety distance by properly operating the brake and steering system and changing the lane.

Nevertheless, the Defendant neglected this and entered the three-lanes, and caused the front part of the said BMW car to be the front part of the said BMW car.

Ultimately, the Defendant, by occupational negligence, damaged the victim E (the 43 years old), who is a partner of the said victim and the BMW car, to the light base and tension in need of approximately two weeks of treatment, and caused the victim F (the 11 year old) to suffer approximately two weeks of treatment, and at the same time caused the victim F (the 11 year old) to incur approximately KRW 45,398,40 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Photographs of an accident vehicle;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents (the point of causing bodily injury by occupational negligence) and Article 151 of the Road Traffic Act concerning criminal facts; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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