(영문) 전주지방법원 2017.02.14 2016고정729

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(영문) 전주지방법원 2017.02.14 2016고정729

교통사고처리특례법위반

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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 3, 2016, at around 10:30, the Defendant was driving a CKan-Fack's car as a duty, and had the front of the new shares 96th new shares in front of the CKan-gun, Samcheon-gun, Samcheon-do, Seoul, to turn to the left, from the side of the Chocheon Agricultural Cooperative.

Since the center line is installed, the driver of the vehicle has a duty of care to safely proceed to the right side of the center of the road.

Nevertheless, the Defendant neglected this and led the Defendant to the left-hand side of the Defendant’s driver’s vehicle in front of the upper left-hand side of the third cargo vehicle, while driving in the middle line due to the negligence of driving in the center and driving in the middle line.

Therefore, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Legal statement of the witness D;

1. A traffic accident report;

1. Statement made by the police against D;

1. Investigation report (related to the Skid mark);

1. A medical certificate;

1. As to the Defendant’s assertion on the scene of the accident, even though it is not possible for the Defendant to confirm the Defendant’s vehicle to turn to sewage from the direction where D is proceeding, the Defendant did not commit the central line at the time of the accident, but rather, at the radius installed near the scene of the accident, it was impossible to confirm the Defendant’s vehicle to turn to sewage from the direction where D would turn to sewage from the direction where D

In that respect, the statement asserts that the credibility of the statement is no longer available.

According to the video of the video media (USB) submitted by the Defendant, it is true that D's statement concerning reflectors is difficult to believe.

However, such a point does not seem to be an important reason to judge the credibility of the entire D statements.

The issue is whether the defendant's central line is violated, and the other evidence especially the investigation report (skid mark related) and the image of the accident site is the center line of the defendant.

유사 판례

-전주지방법원 2014.01.24 2013가단27536

-춘천지방법원 속초지원 2008.7.23.선고 2007가단1137 판결

-대법원 1992. 4. 10. 선고 91다44469 판결

-청주지방법원 2019.10.10 2019노265

-춘천지방법원 속초지원 2017.02.08 2016고단294