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Reasons
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(영문) 대구지방법원 2015.06.19 2015고정582
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a 1 ton cargo vehicle B.

1. On October 21, 2014, around 05:20, the Defendant changed the lane to the seven-lanes of the upper parallel line at the 138.8km point in the Busan Northern-dong, Daegu Northern-gu, Busan-do., while proceeding from Busan-do to Seoul-do.

In this case, there was a duty of care to inform the direction direction etc. in advance and to change the lanes safely by taking into account the traffic conditions before, after, after, after, and after.

Nevertheless, the defendant neglected this and changed the way to the right side of the above vehicle into the front side of the victim C(the age of 44) driving in the rear side while the defendant neglected it, and received the front side of the victim C(the age of 44) driving.

Therefore, the victim suffered injury, such as brain-dead, which requires treatment for about two weeks.

2. The accident referred to in the preceding paragraph destroyed the victim’s property equivalent to KRW 3,588,00 for repairing the said vehicle.

3. A motor vehicle which is not covered by the mandatory insurance for temporary border as referred to in the preceding paragraph shall not operate on the road, but shall operate the said motor vehicle in an non-insurance state.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written diagnosis for C;

1. Written estimate;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs of each field;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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