The residence omitted.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to provide community service for 80 hours.

On April 19, 2006, the Defendant operated the above 200 tons of truck with 13:5 m3 p.m. per 200 m. at the Cheongyang-gun, Cheongyang-gun, Cheongyang-do, Cheongyang-do, one lane in front of the Cheongyang-do, Cheongyang-do, Cheongyang-do, in the border area, at the Gyeongsan-do, where the restricted speed of the road is less than 3m, and the road is at a speed of 60 km per hour, and the rain of rainwater is high at the speed of 5m per hour at the time. The Defendant had the victim operate the above 20 m.m. at the 200m width from the center line in the direction of the Defendant at the 1st m. m. at the 200m width of the Cheongwon-do, and in such cases, the driver is engaged in driving at the speed of 200 m. to the left side of the road.

Summary of Evidence

Judgment on omitted dispute points

Drivers driving along the lane on the road along which the median line is installed shall also operate the vehicle in the opposite lane with the trust of operating it in the opposite lane, and take measures in preparation for it, such as speeding by predicting the median line to make it possible for other vehicles to enter the opposite lane.

Although there is no duty of care to take measures, if a vehicle coming from the opposite direction has been witnessed that the vehicle is already in abnormal operation by breaking the central line, the vehicle has a duty of care to prevent the occurrence of the accident by taking appropriate measures, such as in-depthing the movement of the vehicle, reducing the speed by carefully examining the movement of the vehicle, and driving the vehicle, etc. (see Supreme Court Decision 85Do2651, Feb. 25, 1986).

According to the evidence examined in this court, the defendant found that the above truck was driven at about 60 km per hour on the road at the time of the accident at the time of the accident at the time of the accident at the time of the accident at issue, and the above Rad Road was driven by the central line at approximately 200 meters, and the above Rad Road was driven by the central line at the time of the accident at the time of the accident at the time of the accident at the time of the above Rad Road, and the above Rad Road was driven by the 90m speed above

It can be recognized that the accident of this case occurred at the intermediate point in which the 90m mhife ties the hife of the above recognized fact and the type of the skiing mark of the above truck generated immediately before the collision. In full view of the above recognized fact, the defendant is out of the hife hife at the front of the above hife.

Even though it was found that he gets off a gymn vessel, the said vehicle was trying to return the said vehicle to his own lane at a same speed, it is not deemed that there is no appropriate measure to avoid collision with the said car, such as maintaining the same speed while reducing the speed of the said truck, avoiding it to the right side of the road, or taking action to stop the operation with the said car.

Therefore, the defense counsel's assertion that the accident of this case occurred due to the total negligence of the victim 00 is not accepted, since the defendant was negligent in failing to take all necessary measures as a driver who discovered the vehicle that occurred in the course of abnormal proceeding by breaking the central line.

Application of Statutes

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account criminal records, circumstances surrounding the accident as seen earlier, etc.)

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act