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(영문) 창원지방법원 2019.09.19 2019노1043

교통사고처리특례법위반(치상)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) is only the left turn to the left at the intersection, and the defendant did not change the course from the two-lane to the one-lane, or did not have a one-lane, and there is no fact that the defendant received the victim's vehicle by the vehicle of the defendant.

Nevertheless, the judgment of the court below that the defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) due to negligence that caused the defendant to neglect duty of care as a driver is erroneous in the misapprehension of legal principles.

2. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, since the defendant was negligent in driving a vehicle as shown in the judgment of the court below, without examining the right and the right and the right and the right of the vehicle, and the defendant got the back part of the victim's right and the fact that the victim suffered injury can be fully recognized, the above argument by the defendant is without merit.

① Around 18:00 on September 17, 2018, the Defendant driven a rocketing-type vehicle, and proceeded to turn to the left at the left from the sloping distance of 1368 Gasan-ro, 1368, as Kimhae-si, at the time of Kimhae-si.

The defendant proceeds in two lanes and enters the intersection, and the front part of the above vehicle was flicked on the crosswalk which is located in the direction of the zone of the zone of the common road (the defendant does not violate one lane. However, according to CCTV images and the black video, it is evident that the front part of the defendant's vehicle's vehicle left at the left side of the vehicle was flick) and the accident occurred that the victim's high right side of the vehicle and the front part of the above vehicle are facing the left side of the vehicle.

The defendant does not have an accident that conflicts with the passenger car of the victim at the above site, and is generated by each accident vehicle.