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(영문) 서울북부지방법원 2016.10.06 2015고정82
교통사고처리특례법위반등
Text

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 drives a third party vehicle on duty.

1. On November 16, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven the said car and driven the road front of the Dobong-gu Seoul Metropolitan Government Chillro 249, and ( Changdong) Foreign Exchange Bank along the two-lanes in the direction of 3rd intersection in the direction of the Chill.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front line and the left and right of the motor vehicle, to accurately manipulate the steering system, and to not dump the center line, and to not dump the center line.

Nevertheless, in order to overtake a victim D(65 years of age)-working taxi with the same direction while neglecting this, the Defendant was negligent in overtaking the damaged taxi beyond the central line and returning the damaged taxi to the first lane, thereby getting back the front part of the damaged taxi on the left side of the Defendant’s vehicle to the right side.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties that requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (measures Taken after Accidents) away from the site without taking measures after the accident, even though the Defendant destroyed the property to demand repair costs of approximately KRW 552,88 to the damaged taxi by causing a traffic accident such as paragraph (1) at the same time and place as that of paragraph (1).

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. The statement of witness F in the second protocol of the trial;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate of repair costs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;

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