beta
(영문) 춘천지방법원 2020.08.11 2020고단384

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The Defendant is a person who is engaged in driving of a non-stowing vehicle B (see, e.g., record No. 11).

At around 12:40 on March 8, 2020, the Defendant driven the above non-stop vehicles and proceeded with the road of the "D" building in Chuncheon City C from the front side of the Dong-Myeon Public Security Center in front of the building.

There is a so-called “sulphe-ray” in this yellow solid line, indicating that vehicles and horses are unable to go beyond.

(See attached Table 6 of the Enforcement Rule of the Road Traffic Act). Since a center line has been installed, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle or the motor vehicle that is driven on the opposite lane by viewing the front side and to prevent the accident in advance, if it is necessary to go beyond the opposite lane, the driver of the motor vehicle has a duty of care to safely prevent the accident by driving the motor vehicle or the motor vehicle that is driven on the opposite lane.

그럼에도 피고인은 이를 게을리 한 채 황색실선인 중앙선을 침범하여 그대로 좌회전을 하며 진행한 과실로, 때마침 반대차로에서 진행해오던 피해자 E(36세)가 운전하는 F 파니갈레(PANIGALE) 배기량 1,198cc 이륜자동차의(증거기록 제34쪽 참조) 앞부분을 피고인의 위 비스토 자동차의 조수석 쪽 앞 펜더(fender) 부분으로 들이받게 하고, 계속하여 그 충격으로 피해자 E의 위 파니갈레 이륜자동차가 반대차로로 튕겨나가 피고인의 종전 차로에서...