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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a person who drives a vehicle C in the line of duty.

On September 14, 2018, the Defendant driven the above vehicle on September 14, 2018, and proceeded from the direction of the repair to the direction of the meeting, as seen in the 24-1st order of the vehicle, at the port of Chungcheongnam-do.

Since there is a one-lane road in which a central line is installed, in such a case, a driver has a duty of care to safely drive a motor vehicle and prevent accidents by safely driving the center line, such as by accurately operating the steering gear and brake system, etc.

Nevertheless, the Defendant neglected this and went to the center line, and returned to the first lane of the road, and brought the loss on the left side of the E-wheeled Vehicle operated by the victim D ( South, 74 years old) who was driving on the same lane, and the knifeed the knife on the right side of the vehicle operated by the Defendant.

Accordingly, the Defendant suffered injury to a brain-dead with no head open within the head requiring approximately two weeks medical treatment due to the above occupational negligence.

[Defendant and defense counsel asserts that the cause of the instant accident is not the median of the central line, but the violation of the method of termination.

However, according to the records, the defendant at the time of the accident does not fall under the case of overtaking at the time and place where the right-hand side of the road is prohibited (Article 22 of the Road Traffic Act). On the other hand, when intending to overtake another vehicle on a road where the width of the right-hand side of the road does not exceed 6 meters, it is possible to pass along the center or left-hand side of the road, but if it is likely to obstruct traffic in the opposite direction, it is impossible to pass through the center or left-hand side of the road (Article 13 (4) 3 (b) of the Road Traffic Act). The road of this case is a first-way road where a yellow solid line is located, and thus another vehicle is proceeding on the opposite line, so the center line shall not be invaded.