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(영문) 서울남부지방법원 2016.06.24 2015고정2514
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for a crime of false accusation at the Seoul Southern District Court on August 26, 201, and the judgment was finalized on December 4 of the same year.

The defendant is a person who drives B carren vehicle as his duties.

On June 12, 2015, the Defendant driven the above vehicle at around 17:45, while driving the front road of Yangcheon-gu Seoul Metropolitan Government at the speed of the U.S. at the new IC level between the four lanes in the direction of the new IC in the direction of the Kimpo Airport, and changed the lane to the three-lane.

In such cases, the driver has a duty of care to safely change the lane so that it does not interfere with other traffic after he/she was informed of the change of the lane as his/her hand or light in advance.

Nevertheless, the defendant neglected such duty of care and caused the collision between the left side of the defendant's vehicle of the victim D (son, 61 years old) driving along the three-lane in the same direction and the upper side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A criminal investigation report (Submission of a diagnosis report and a quotation), and a criminal investigation report (Attachment of a black stuff image data);

1. Records before judgment: Application of the defendant's legal statements Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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