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(영문) 부산지방법원 서부지원 2017.09.26 2017고정215
도로교통법위반
Text

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

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

Reasons

Punishment of the crime

The driver of any motor vehicle shall correctly operate the steering gear, brakes and other devices, and shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and injury on other persons according to the traffic conditions of the road and the structure and performance of the motor vehicle, and in particular, he/she shall not inflict any danger or injury on other persons, or cause any danger and injury on other persons continuously or repeatedly, from among the acts of violating signal, overline, violating the prohibition of rapid traffic, etc.

Nevertheless, the Defendant, at around 20:00 on April 2, 2017, driven a 20:0 B private taxi and driven a two-lane road in the direction of Busan at the 1452-lane in front of the 1452 driverial vehicle, which changed from the 2-lane to the 1-lane driverial vehicle of the victim C (60 years old, South) who changed the course from the 2-lane to the 1-lane driverial vehicle in order to drive the 1-lane driverial vehicle in the direction of Busan, the Defendant continued to overtake the 2-lane driverial vehicle on the ground that the 2-lane driverial vehicle of the victim C (60 years old, South) turns down along the 1-lane driverial vehicle in the front of the 1452 driverial vehicle. The Defendant, without any justifiable reason, tried the damaged vehicle on the ground that the 2-lane driverial vehicle has changed from the 2-lane driverial vehicle to the right side.

As a result, the defendant committed a violation of prohibition of career change and a violation of the prohibition of sudden restriction, thereby threatening or endangering the above victim or causing danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Article of the Act and Articles 151-2 and 46-3 subparagraph 5 of the Road Traffic Act, the selection of fines for criminal facts;

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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