beta
(영문) 대전지방법원 2016.01.27 2015고정1527

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C M& car.

On December 29, 2014, the Defendant, while driving the above vehicle at around 18:20 on December 29, 2014 and proceeding along the street in front of the E-cafeteria in D, from the above-mentioned parking lot to the road at an open speed, had a central line installed, and there was a duty of care to avoid proceeding in the opposite direction beyond the central line due to a large number of vehicles moving.

Nevertheless, the Defendant neglected to do so and went beyond the road in the course of driving the Victim F (VV) G Round, which was proceeding on the opposite side due to the occupational negligence going beyond the median line, with a view to avoiding the collision between the G Round of the Victim F (VV) driving, which was proceeding on the opposite side.

Therefore, the victim suffered injuries such as salt dynasium, tension, etc. in need of treatment for about 51 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement (the defendant and the defense counsel asserted that the accident of this case occurred before the defendant invadeds the central line, and thus, there is no causal relation between the accident and the negligence.

In light of the F’s investigation agency and this court’s fact that the accident occurred to report the Defendant’s vehicle which was faced with the center line and the center line, the statement in the investigation agency and this court is consistent with the objective circumstance, and the victim’s time of reporting to the investigation agency is somewhat late than the time of the accident, but it is difficult for the victim to find the motive for the victim to make a false statement. Although the Defendant’s vehicle is short of the length, the road in this case appears to exceed the center line at a relatively short time, in light of the victim’s driving experience, age, weather, road status, etc., the accident would have occurred if the Defendant’s driver did not exceed the center line.