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(영문) 광주지방법원 2016.05.26 2016고단740
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On December 31, 2015, the Defendant driven the above vehicle at around 16:20 on December 31, 2015, and driven the front road of the night signs at the end of the Simsung-gun, Sungsung-gun, Sung-gun, Sung-gun, with the front of the road at the end of the night.

Since there is a place where the center line of yellow solid lines has been installed, in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected this and got the front part of the victim C (V) driving 60 years old) driving in the opposite lane due to the negligence that the Defendant was driving in the center line while driving the center line, and suffered the victim's injury, such as a hackter, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The defendant asserts to the effect that there is no fault of the central line bed, since he inevitably exceeds the central line to avoid wild boars, a survey report, a diagnosis report, an accident scene map, photographs, and black stuff images.

If there are objective circumstances making it impossible to criticize a driver in regard to a violation of the central line itself, such as that the driver did not take other appropriate measures to avoid an obstacle shown on the vehicle line, or that the driver was to operate his/her vehicle in compliance with his/her own vehicle line but he/she could not control, due to external circumstances, etc., the driver was at fault on the part of the central line itself even if he/she operated the central line.

Nor can we see (see Supreme Court Decision 96Do1049 delivered on June 11, 1996, etc.). Bluk images, etc. attached to the damaged vehicle.

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