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(영문) 창원지방법원 2020.09.01 2019고단4007

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On May 17, 2019, the Defendant driven the said car at around 20:50, and driven the two-lane road in front of Kimhae-si, Kim Jong-si, along the two-lanes from the front side of the front line in front of the Jimhae-si.

당시는 야간이고, 그곳은 우로 굽은 커브길이었으며, 전방 2차로 상에는 E 운전의 F 카니발 승합차가 위험을 방지하기 위하여 비상등을 켠 채 정차해 있었으므로, 이러한 경우 자동차 운전업무에 종사하는 사람에게는 속도를 충분히 줄이고, 전방 및 좌우를 잘 살피면서 조향장치 및 제동장치를 정확하게 조작하여 운전할 업무상 주의의무가 있었다.

The written indictment also contains a violation of the obligation not to overtake the above car running ahead of the time prior to confirming the road situation in the front section, but it is difficult to see that it constitutes a violation of the overtaking provisions of Articles 21 and 22 of the Road Traffic Act even in the case of moving to the next lane in order to avoid a collision with the vehicle parked in the front section, such as this case.

Nevertheless, as the Defendant neglected this and tried to move ahead of the above carn vehicle by changing the course into one lane, the Defendant found the victim G (the age of 20) who was placed in the first lane due to the preceding accident late later, and operated it rapidly, but did not avoid the situation, and did not go against the victim's body with the Defendant's vehicle.

Ultimately, the Defendant suffered from a serious injury to the victim due to the above occupational negligence during approximately twenty weeks of medical treatment.

Summary of Evidence

1. As a result of the appraisal of the Road Traffic Authority of this Court on the defendant's partial legal statement H and the police statement of the defendant H and I, the traffic accident analysis report, the video appraisal result notification, the doctor's statement (serious injury), the medical appraisal report, the report on the occurrence of the traffic accident, the actual situation investigation report, etc.