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(영문) 대전지방법원 2015.05.13 2015고단564
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Class C and III cargo vehicle.

On October 13, 2014, at around 11:25, the Defendant driving the above cargo vehicle and proceeding two-lane crossing of the front distance of the E, located in Chungcheongnam-gun, Chungcheongnam-gun, in the direction of Asan City to the area of Eup/Myeon in the budget.

The turn to the left to the left was made from the two sides of the Tyang-ri-ri-ri-ri to green new.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving a motor vehicle safely by keeping the front door and the left door well.

Nevertheless, the Defendant neglected to do so and got the part of the victim F(60 years old) driving Genz car driving ahead of the passenger car driving seat, which was driven by the Defendant, in the front part of the cargo vehicle operated by the Defendant, which was driven by the Defendant, from the negligence in the course of the operation of the vehicle in the Eup of the budget, and due to the shock, the Defendant got the signal apparatus and traffic signs in front of the passenger car in which the said victim was driven by the said victim away from the road to the right side of the driving direction.

Ultimately, the Defendant, by occupational negligence, damaged the victim F’s 146,323,00 won to repair the said passenger car, and the cost of KRW 5,230,000 to repair the signal apparatus and traffic signs by the victim’s budget military administration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. A traffic accident report and a traffic accident report;

1. A report on internal investigation (verification of image records) and a report on internal investigation (a written estimate for repair of a vehicle);

1. Written estimate and estimate of vehicle repair;

1. Application of Acts and subordinate statutes to photographs by cutting on-site photographs and black stuffs images;

1. Relevant provisions of the Road Traffic Act and the choice of punishment for the crimes, and Article 151 of the Road Traffic Act;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act with regard to the violation of the Road Traffic Act against the victim F with heavier penalty.

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