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(영문) 대전지방법원 홍성지원 2018.01.10 2017고단721
교통사고처리특례법위반(치상)
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, the defendants are individually from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of a class E high cargo vehicle.

On December 9, 2016, the Defendant driven the above cargo vehicle around 17:26, and proceeded one-lane road in front of the entrance of diving course from the border embankment at Bocheon-si, Seocheon-si, to the speed of about 50km to 60km from the border station at the speed of Sincheon-si.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance, without breaking the center line, because the center line marked as yellow solid lines is one lane.

Nevertheless, the Defendant neglected to do so and proceeded before the Defendant’s vehicle.

B In order to overtake the F Poter Cargo which is driven by B, the center line was invaded, the left side of the said Poter Cargo was trying to turn to the left in excess of the yellow domin line, and the Defendant received the protective wall on the left side of the Defendant’s vehicle while continuing to proceed in the future.

Ultimately, the Defendant caused the Defendant’s injury to the victim G who was accompanied by the Defendant’s vehicle due to the foregoing occupational negligence during the course of treatment, such as the number of days of the treatment.

2. Defendant B is a person who is engaged in driving a F Poter freight.

Defendant 1 driven the above cargo vehicle at the above date and at the above location, and proceeded at a speed of about 10 km per hour in front of the cargo vehicle that A drives.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance without harming the central line, since there is a central line marked as yellow solid lines.

Nevertheless, the defendant neglected to turn to the left and intruded the central line, and the above cargo is driven by the defendant.

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