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(영문) 전주지방법원 2018.12.07 2018노800
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to all the evidence of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), it is recognized that an accident that shocks the left part of the vehicle driven by the Defendant E in front of the left part of the vehicle driven by the Defendant on the right side of the vehicle (hereinafter “accident in this case”), due to the Defendant’s violation of signal and entered the intersection, and that the vehicle driven by E was trying to enter a road with a wide width on a narrow road.

E’s negligence that the instant accident occurred due to E’s negligence

It is difficult to see it.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the facts and legal principles.

2. Determination

A. The summary of the facts charged is a person who drives a car in B SPP.

On August 8, 2017, the Defendant driven the above vehicle around 15:13, and proceeded to turn to the left in the direction D from the direction of the Si/Gun/Gu maritime police station in the Gunsan City.

At that time, there was an intersection where signal lights are installed, and in the case of the defendant's vehicle, the same passenger was on board.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the defendant neglected to make a left-hand turn in violation of the signal, and was proceeding toward the direction of a female-side from the side of the direction D to the direction of the female-side intersection.

The top part of the top part of the F concrete mixed truck driven by E (61) was shocked with the top part of the front part of the driver's vehicle.

In the end, the Defendant suffered, by negligence in the course of business, injury to the victim G (V, 60 years old), who was on board the Defendant’s driving vehicle, in the middle of two weeks of medical treatment.

(b).

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