교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the punishment (two years of the suspended execution of April and eight hours of social service) imposed by the court below is too unreasonable.
2. Determination
A. The instant crime was committed by the Defendant, while driving a motor vehicle, due to the Defendant’s negligence of entering the opposite vehicle beyond the center line of yellow solid lines and without properly examining the front and rear left, resulting in serious injury to the Defendant, such as anti-defluence on the left side.
The first prosecutor applied the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents to the instant traffic accident, but the indictment was modified as not being applied at the second day for pleading ( January 20, 2015) of the lower court (the second day for pleading). This would result from the occurrence of the instant accident in a very irregular form as if the instant accident is considered in the left-hand site.
In other words, the defendant, who was proceeding along the Dodo 2 king-4 Line road, committed a violation beyond the central line in order to join the E company located on the left side of the road at the point of the accident.
Since the place has a center line of the yellow solid line, the defendant was unable to make a left-hand turn, but the defendant confirmed that there is no vehicle on the opposite side, but attempted to enter the "E" by making a left-hand turn.
문제는 당시 오토바이를 타고 같은 차로상으로 피고인 운전의 차량을 뒤따르던 피해자가 어떤 이유에서인지 중앙선을 넘어 반대차로로 진행하면서 반대차로의 2차로상에서 피고인 차량의 운전석 문짝을 충격(좌측 사진 참조)한 다음 다시 좌측으로 튕겨나가게 되었다는 것이다.
In view of the traffic situation at the time of being discovered through the records of this case, it appears that the victim continued to proceed as a single-lane while several strings, or was an accident that did not occur only when he turns out to the right side. In this case, it appears that the victim was an accident.