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(영문) 수원지방법원 여주지원 2015.04.13 2014고정420
교통사고처리특례법위반등
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a CP car.

On January 16, 2014, the Defendant driving the said car on the 13:03rd day of January 16, 2014, and driving the 82 km point at the Young-dong Highway, which is located in the Gyeonggi-do additional rate, from Gangwon-do bank to Incheon 80 km away from the Incheon gate, and changed the course to the two-lane.

At the time, the Defendant changed the course, so in such a case, the person engaged in driving a motor vehicle was notified of the change of the lane by direction direction, etc., and there was a duty of care to safely change the lane by checking the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and did not discover in advance the victim D's Kaone Car in the same direction, and was changed to two lanes each other without finding in advance the Kaone Car in the same direction, and received the front part of the Kaone Car in front of the Defendant's car operation.

Ultimately, the Defendant suffered injury to the victim F (the 23 years old) who was a passenger of the Defendant’s car due to the above occupational negligence, such as salt, tension, etc. in need of treatment for about three weeks, and the victim D damaged the said car and made it impossible to repair the said car.

2. The Defendant, at the time of the instant case, only driven on an expressway only as the primary lane, did not change the tea, and is dissatisfied with the facts charged.

Therefore, with respect to whether the Defendant changed the vehicle line into a two-lane as stated in the facts charged, the comprehensive traffic accident analysis report among the evidence proving it (up to 129 pages of the investigation record) may give more weight to the victim's assertion, that is, the Defendant changed the vehicle line into a two-lane. However, the damage part of each vehicle confirmed by a photograph taken after the analysis is objective.

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