특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal argues that “The Defendant considered that the back end of the damaged vehicle that was defective in the ordinary world due to wind at the time of the instant accident,” but in light of objective circumstances at the time of the accident, such as the speed of the vehicle and the Defendant’s vehicle operating at the time of the accident, the background of the accident, the progress of the train after the accident, the degree of damage to the damaged vehicle and the train, etc., it is reasonable to deem that the Defendant did not recognize the fact that the damaged vehicle was damaged at the time of the instant accident and the driver was damaged at the time of the accident.
Nevertheless, the lower court acquitted each of the facts charged on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) and dismissed the prosecution on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In so doing,
2. Determination on the grounds for appeal
A. The Defendant in the facts charged of this case is a person who is engaged in driving the vehicle of Dhobea fast and fabast fasts.
On March 28, 2014, the Defendant driven the above vehicle at around 11:10, and changed the lane from P41 points to the port side of the sea zone at a speed of 75 kilometers per hour in accordance with the two-lanes between the four-lanes in the luminous Zone of Busan, Suwon-gu.
In such cases, the driver has a duty of care to inform the driver of another vehicle that the driver is scheduled to change the lane by operating direction direction, etc. in advance, and to secure a sufficient distance from the front and rear vehicle in order to ensure the traffic situation of the front and rear left well, and to change the lane safely.
Nevertheless, the defendant neglected this and did not turn on the direction, etc., and he was driving in the three-lanes by changing the vehicle line rapidly to three-lanes.