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(영문) 대전지방법원 2017.02.03 2016고정1051
교통사고처리특례법위반등
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-out car.

On May 5, 2016, the Defendant driven the above vehicle at around 19:30, and changed the course to a two-lane in the direction of four-lanes in front of the Sung-dong, Daejeon, Daejeon, by driving the above vehicle at around 19:30.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, and he/she has the duty of care to give prior notice of change of course and to prevent accidents by safely changing the lane in the direction of the direction of the change and keeping the traffic situation well in the safe manner.

In such a situation, the Defendant neglected this and went along the same side while changing the course in a white solid line, and was driving C( South, 29 years old) by a victim C( South, 29 years old) who was going along two lanes.

D The rear part of the cuber vehicle was shocked by the front part of the vehicle.

After all, the defendant's negligence caused injury to the victim, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of treatment, and damaged the damaged vehicle's repair cost of KRW 4,124,320.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, written diagnosis, and written estimate related to a traffic accident;

1. Application of the Act and subordinate statutes on fact-finding survey report and accident scene photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. The instant traffic accident on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is prior to the change of the lane in the area where the Defendant had limited career changes.

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