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(영문) 대구지방법원 2014.09.04 2014노570

도로교통법위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts as to the violation of the Road Traffic Act) is that the defendant has not invaded the central line at the time of the accident or violated the duty of care

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

2. Ex officio determination (as to the violation of the Road Traffic Act among the facts charged in this case)

A. On June 27, 2013, the Defendant driving a four-wheeled motor bicycle without a license plate around 16:45 on June 27, 2013, and driving the two-lane road in front of the Seongbuk-gu Seongbukdong golf course at the port of port with the fluent golf course from the side of the flusium.

At that time, there is a center line of yellow-ray, so a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

그럼에도 이를 게을리 한 채 그대로 중앙선을 침범하여 횡단한 과실로 때마침 진행방향 우측인 아리랑감자탕 쪽에서 좌측인 미즈앤맘병원 쪽으로 편도 2차로 도로를 1차로로 직진 진행하는 피해자 C(44세)가 운전하는 D 모닝승용차의 진행을 방해하여 피고인이 운전하는 4륜 원동기장치자전거 우측 부분으로 피해차량 우측 앞 범퍼 부분을 들이 받았다.

Ultimately, the Defendant caused damage to the property of KRW 907,166 for repairing costs, such as the backline of the fluoring car of the damaged vehicle driving by the victim due to the above occupational negligence.

B. According to the main text of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents ex officio prior to the judgment on the grounds for appeal by the defendant, a driver who commits a crime under Article 151 of the Road Traffic Act (the crime of violating the Road Traffic Act due to the destruction of and damage to property by negligence) shall not be prosecuted against the victim’s express

However, according to the records, the victim C had already been the defendant on July 4, 2013, which was prior to the prosecution of this case.