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(영문) 서울중앙지방법원 2018.05.09 2018고정277
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 the operation of B Lastren motor vehicles.

On June 16, 2017, the Defendant driven the above car around 13:00 and changed the course from the fourth lane to the third lane in Gangnam-gu Seoul.

A person engaged in driving of a motor vehicle has a duty of care to operate a direction direction when changing the lane and give prior notice of a change of course and to change the lane in the situation of traffic on the left and right right after the change of the lane.

Nevertheless, due to the negligence of changing the lane from the four lanes to the three lanes, the front part of the FMW110 motor bicycle driving in the victim E (34 tax) was received as the front part of the defendant's car left side.

As a result, the Defendant suffered injury to the victim, such as blood transfusion, which requires approximately four weeks of medical treatment due to the above occupational negligence, and at the same time, damaged the parts that require approximately KRW 2,018,500 of the repair cost on the bicycle for the same motor device and damaged its utility.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site inspections and photographs of accidents;

1. A report on investigation (in cases of an accident, closures);

1. Each written diagnosis;

1. Application of the F Estimate statutes;

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 facts constituting an offense;

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

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