(영문) 청주지방법원 2017.05.19 2016노1401 | 리걸엔진

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(영문) 청주지방법원 2017.05.19 2016노1401

교통사고처리특례법위반

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal runs at a speed of 84 km per hour, and the Defendant was changing the lane from the two lanes to the one lane. Around 6 seconds from the two lanes to the one lane, the Defendant could not be able to cope with the change of the lane of the Defendant in advance.

Accordingly, the victim changed the two lanes to the two lanes in order to avoid the vehicle of the defendant at the latest, but the victim was forced to stop the change of the two lanes and return to the two lanes.

In other words, although the accident of this case was caused by the negligence of the defendant's change of lanes, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misunderstanding of facts or misunderstanding of legal principles

2. Determination

A. On March 8, 2015, the Defendant: (a) driven a 25 ton truck truck truck vehicle, which is 25 ton of D on duty as of March 8, 2015; (b) and (c) flown at the speed of about 80-90km in the speed of about 34.7km away from the 34.7km away from the 2-lane to the 2-lane away from the jurisdiction of the State highway on the west of the Gun annexed to the Gun.

At the time, night, and there are many vehicles driving on an expressway with a speed of at least 110km per hour, and therefore, when changing the lane, the driver of the vehicle has a duty of care to pay more attention to the following matters, since the driver of the vehicle is obliged to change the lane by operating direction, etc., in the event of changing the lane, in advance of the change of course, and in the situation of traffic on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the defendant neglected to do so.

유사 판례

-청주지방법원 2016.08.11 2016노93

-청주지방법원 2016.01.14 2015고단1132

-청주지방법원 2016.8.11.선고 2016노93 판결

-대법원 2016.11.10 2016도13508

-대구지방법원 상주지원 2016.03.29 2015고단572