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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged in this case, even though it can sufficiently be recognized that the Defendant committed a traffic accident with the central line as stated in the facts charged in this case.
2. Determination
A. The summary of the facts charged in the instant case is a person who is engaged in driving a passenger car B next Roster (hereinafter “the instant passenger car”).
At around 18:10 on July 10, 2018, the Defendant driven the above car and went to the left of the right at the D parking lot located in Busan Landong-gu, and went to the right of the right of the left, due to the negligence committed by the median of the central line, the Defendant did not find out the f.o.b. driving of the victim E(50 years old) who was driven to the right of the normal driving direction, without finding out the f.o.b. of the victim E(50 years old) who was driven to the right of the above car.
(hereinafter the above collision accident is referred to as the “instant accident.” Ultimately, the Defendant caused the victim by negligence in the course of performing duties to suffer injury, such as the body frame of the right-hand body, which requires treatment for about 14 weeks.
B. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty of the facts charged in this case on the ground that it was insufficient to recognize that the Defendant’s vehicle driven by the sole evidence submitted by the prosecutor was shocked by the central line, and that it was not sufficient to recognize that the
C. The main sentence of Article 2 subparagraph 5 of the Road Traffic Act provides that "the central line means a line indicated with safety signs, such as yellow solid lines and yellow domin lines, or a facility installed with medians or fences, etc., in order to clearly separate the direction of passage of vehicles and horses," and Article 13 (3) of the Road Traffic Act provides that drivers of vehicles and horses are equipped with the central line of the road (referring to the roadway in the case of the road divided into the sidewalk and the roadway).