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(영문) 대전지방법원 2015.06.18 2015고정45
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 25, 2014, at around 21:30 on August 25, 2014, the Defendant driven a CA car and proceeded with a road front of the Marshall CD-ROM, which is on the street of Daejeon, toward the right side of the Nohnan-dong, with a speed of about 20-30 Km per hour.

Since there is a center line with a yellow solid line, in such a case, the driver of the motor vehicle has a duty of care to live well on the right and the right of the front line and to safely proceed with it.

Nevertheless, the defendant neglected this and avoided the vehicles parked on the right side of the road in the direction of the proceeding, and conflict with the victim D(51) driving on the right side of the E-vehicle driving on the right side of the vehicle of the defendant to the upper side of the vehicle of the victim D(51) driving on the opposite direction.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. Determination

A. According to Article 13(3) of the Road Traffic Act, a driver shall pass along the upper right side of the center line, but may pass through the center or the left side of the road, notwithstanding paragraph (3), where it is impossible to pass through the upper right side of the road due to destruction of the road, road works, or other obstacles pursuant to Article 13(4)2 of the same Act

B. The term "in the event of a traffic accident" in Article 13 (3) of the Road Traffic Act, which provides for the first sentence of Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, means that the point at which the traffic accident occurred does not go beyond the center line, but causes a traffic accident by carrying the center line without any inevitable reason, and the term "in the event of an unavoidable reason" in this context means that other appropriate measures are taken to avoid the obstacles shown on the lane.

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