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(영문) 춘천지방법원 2014.05.22 2014고정59
도로교통법위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving Csch Rexroth.

At around 17:00 on July 25, 2013, the Defendant entered the road, which was 5th national highways, into the narrow road at the entrance of Seocheon-gun, Seocheon-gun, Seocheon-do.

Since there is a yellow median line, there was a duty of care for those engaged in driving of motor vehicles to live well on the front and left, and to safely operate the tea in good faith.

Nevertheless, the defendant neglected this and entered a narrow road, crossing the above road, and led the victim D (23 years old and south) who was driving on the narrow sloping side from the center of the yellow-line line to the low sloping side due to the negligent negligence, and led the victim D (23 years old and south) to match the front part of the E-line 2 cargo vehicle with the rear wheels part on the left-hand side of the yellow-line.

At the same time, the Defendant injured the victim by negligence in the course of performing the above duties that requires approximately two weeks of medical treatment, such as cloudal salt, and at the same time damaged the 2,336,286 of the cost of repairing the clouded cargo.

2. The public prosecutor institutes a public prosecution against the defendant by applying Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act. The negligence of the defendant as stated in the facts charged in this case is that the defendant, despite his duty to pass through the right side of the road where the central line is installed

The proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents also stipulates that crossing, internship, or backward in violation of Article 62 of the Road Traffic Act in addition to the median of the central line, in addition to the case of crossing, internship, or backward. However, Article 62 of the Road Traffic Act prohibits crossing, internship, or backward on expressways and exclusive roads for motor vehicles, so the same is not applicable to the general roads as in this case

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