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(영문) 인천지방법원 2015.04.24 2015고정940
도로교통법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in dump truck driving.

On October 21, 2014, the Defendant driven the above truck on October 13, 2013:0, while driving the road of 393 North-lane, as Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, along three lanes from the north-do, to the north-do speed. The Defendant changed the course to four lanes.

In such cases, the driver of a motor vehicle has the duty of care to check the safety of the course by properly examining the right and the right of the front and rear, and to safely change the course so as not to obstruct the passage of other motor vehicles by giving prior notice of change of course by operating direction, etc.

Nevertheless, the defendant neglected to change his course as it is, while driving the victim C in four-lanes of the end, got back the back part of the D Aridi vehicle driven by the victim C into the right side of the truck of the defendant, and due to the shock, the damaged vehicle is pushed down to the right side of the damaged vehicle and the E is driving on the five-lane left side of the Fridi vehicle driven by E.

Ultimately, the Defendant damaged the said C’s car by negligence in the course of performing the above duties so as to cover approximately KRW 35,773,100 of the repair cost, such as the exchange of a free loan.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, on-site map, actual condition survey report, and on-site photograph;

1. Application of written estimates (D)-related Acts and subordinate statutes;

1. Relevant Articles of the Act and Article 151 of the Road Traffic Act concerning facts constituting a crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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