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(영문) 대구지방법원 김천지원 2018.08.30 2018고단445
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On February 15, 2018, the Defendant tried to drive a DK5 car from the first lane of the two-lane road in front of the C store located in the Gu-Si, Si, Gu-si, Seoul on February 15, 2018, to drive it from the Kimcheon-do to the gold-si four-distance flood.

In such cases, a person engaged in driving service has a duty of care to safely drive a motor vehicle by checking the right and the right and the right in order to prevent a collision with the motor vehicle until the act of changing the course of the motor vehicle driving on the same side is completed.

Nevertheless, due to the negligence of neglecting this, Defendant E's Fwork's failure to take place in the front of the right-hand side of the K5 line, which was followed by Defendant E's left-hand side of the other car.

Since then, Launa car had the left-hand bridge of the victim G ( South, 30 years old) who passed the sidewalk while keeping it fast to the right-hand side of the road, and had it go to the right-hand edge of the other car.

Defendant 1 suffered injury to the victim, such as salted tensions, tensions, etc. requiring three weeks of treatment due to such occupational negligence.

2. In the case of operating a vehicle on which a sidewalk is installed as provided for in Article 3(2) proviso of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, "the term "in the case of operating a vehicle on which a sidewalk is installed" means not all cases where a traffic accident occurred but all cases where an act of causing a traffic accident directly causes the occurrence of a traffic accident;

However, the instant traffic accident was caused by the Defendant’s collision of the rocketing and other automobiles running on the right side of the course, and the Defendant’s vehicle did not directly intrude on the sidewalk. Thus, even if the location of the traffic accident occurred, the location of the traffic accident was invaded by the sidewalk.

Even if the traffic accident caused by the defendant is caused by the news accident under Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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