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(영문) 창원지방법원 마산지원 2019.05.22 2019고단69
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On November 21, 2018, the Defendant was a person engaged in driving B rocketing taxi, and the Defendant was driving the said taxi at around 19:10 on November 21, 2018, and became to turn to the left at a speed that is impossible to be known at the seat of the asset community center at the end of the Busan Park, according to the one-lane of the two-lane of the two-lane of the two-lane.

Since there is a center line of yellow-ray, in such cases, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant neglected this and got the left side of the bicycle driven by the victim E as the front part of the said taxi before reaching a stop line.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as the removal of the body body frame, which requires approximately 14 weeks of medical treatment.

[1] Regarding this, the defendant and his defense counsel asserted that the accident in this case occurred even if the defendant did not intrude the central line, so if the defendant's act of invasion upon the central line does not directly cause the traffic accident in this case, and accordingly, if Article 3 (2) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents does not apply, the prosecution in this case against the defendant should be dismissed. 2. The "in a case where a traffic accident occurred due to driving a central line in violation of Article 13 (3) of the Road Traffic Act" in the former part of Article 3 (2) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the "in a case where a traffic accident occurred due to driving a central line in violation of Article 13 (2) of the Road Traffic Act" means a case where a traffic accident directly causes the occurrence of a traffic accident, that is, the traffic accident is not all included in the case where the central line is in the course of the operation of the central line (see Supreme Court Decision 205. Sep. 2

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