(영문) 수원지방법원 성남지원 2019.02.14 2018고정1106

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(영문) 수원지방법원 성남지원 2019.02.14 2018고정1106

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving B-II cargo vehicles.

On August 19, 2018, the Defendant driven the above cargo vehicle on August 19, 2018, and proceeded with one lane at the entrance of a four-lane road, which is located in the Sungnam-si sperm-dong in Sungnam-si, Sungnam-si.

Since the location is the section of the lane in which the change of lanes is prohibited, the driver of the motor vehicle should not arbitrarily change the lane, and even if it is inevitable to change the lane, the driver of the motor vehicle has the duty of care to prevent accidents by driving the motor vehicle safely, such as giving an advance notice of the change of lanes, even if it is inevitable to change the lane, and by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and changed the above lanes in the front line, while trying to change the lanes from the first lane to the third lane, due to occupational negligence, which did not properly examine the traffic situation of the second lane, and led to the collision with the Defendant’s driving vehicle, which was driven by the victim C(the age of 47) (the age of 1) who returned to the driving lane, was driving on the right side by avoiding the collision with the Defendant’s driving vehicle, which was driven by the victim C(the age of 47) who moved to the driving lane, and turned down the left side of the DW car driving.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and injury to the victim E (V, 47 years of age) who is the passenger of the victimized vehicle, such as crums, tensions, etc. in need of medical treatment for about two weeks.

2. Determination

(a) Crimes of non-compliance with an intention: Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. On February 14, 2019, the prosecution of this case, each of the victims containing an expression of non-existence of punishment.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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