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(영문) 부산지방법원 2015.10.27 2015고단3987

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CYF rocketing and other taxies.

On May 4, 2015, the Defendant driven the above taxi on May 12:02, 2015, and driven the front road in Seo-gu Busan, Seo-gu, Busan, along with one way from the funeral hall of the Dong-dong Hospital to the pharmacy of the Simmp University.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving vehicles to safely observe the car line.

Nevertheless, the Defendant neglected this and went beyond the center line to the left-hand side by the negligence of going beyond the center line, and turned the victim F (79 years old) going in the direction E from the direction of the university pharmacy of the Pampling, which was the top-hand side of the above taxi.

Ultimately, around May 10, 2015, at around 08:15, the Defendant caused the death of a victim who was receiving treatment at a patient care hospital in the East-gu, Seo-gu, Busan, Seo-gu, Busan, due to the foregoing occupational negligence, due to an acute fladic shock caused by the fladrosis and infection.

The Defendant’s defense counsel argues that the instant traffic accident was not directly caused by the Defendant’s central crime of intrusion.

"Influoring the center line of a road along which a lane is installed" in Article 3(2)2 proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, the act of cruoring the center line was done without taking other appropriate measures to avoid the obstacles on the proceeding line.

It should be deemed that all the central intrusion except for the case where a driver has been forced due to external circumstances that make it impossible for him/her to control. Meanwhile, as long as the act of infringement on the central line directly caused a traffic accident, the location of the accident should be the opposite vehicle beyond the central line, or the damaged vehicle should be the opposite vehicle.