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(영문) 부산지방법원 2014.08.22 2014고단3859
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) while the Defendant was driving a C Poter Cargo Vehicle (hereinafter “Poter”) around April 17, 2013 at around 15:47 on April 17, 2013, the Defendant is driving six lanes from six lanes at the Busan 3.2km away from the Busan Gyeongdok Road, which is instigates for the Geum-gu, Busan.

The course has changed to five lanes.

In such cases, when it is likely to obstruct the normal passage of other vehicles running in the direction of change, the driver of the vehicle shall not change the course, and shall give prior notice of change of course by operating direction, etc., and shall be given prior notice of change of course, and the accident shall be prevented by changing the way safely by making safe changes in the traffic situation.

Nevertheless, the Defendant neglected to shift his course while driving five-lanes in the same direction, and led the victim D(62 years old) driving E4.5 tons of freight vehicles (hereinafter “cargo vehicles”) to shock the fronter of the truck and the rearer of the vehicle.

(hereinafter “instant accident”). 2. As to the instant accident, the Defendant asserts that he/she was protruding to a cargo vehicle during the normal process in line with five lanes, and the victim himself/herself saw that his/her own course has been changed from six lanes on the right side during the normal process, depending on five lanes.

In other words, the victim's statement and the victim's answer to the results of the traffic accident investigation are admitted as evidence corresponding to the above facts charged.

However, it cannot be ruled out that the above facts charged have been proven on the basis thereof, as follows.

Defendant

The driver's vehicle is the 4th to the right side of the driver's vehicle, the driver's vehicle passes the 2nd to the right side of the driver's vehicle (Evidence No. 17) and the point of collision is about 185 meters from the string of the driver's vehicle.

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