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(영문) 수원지방법원 2015.05.01 2014노4212
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant's vehicle from the right side of the direction of the victim's proceeding to make an illegal left-hand turn beyond the center line of yellow solid lines, which conflict with the victim's ozone layer in the direction of the victim's proceeding in order to make the victim's vehicle illegally left-hand turn, and thus, the accident

Nevertheless, the lower court’s dismissal of the prosecution of this case on the ground that the instant accident was difficult to be deemed to have occurred due to the central crime of intrusion, erred by misapprehending the legal doctrine, thereby affecting the conclusion

2. Determination

A. The summary of the facts charged is that the Defendant driven B ethical cargo vehicles as his duties.

On the street of the chamber of commerce and industry located in 1:55 on November 06, 2014, the Defendant had a duty of care to take care of entering the road and prevent accidents by entering the road, when he had entered the road in front of the chamber of commerce and industry in front of the chamber of commerce and industry, which is located in 327 U.S. administrative Do-nam-Eup, Chungcheongnam-do, and the chamber of commerce and industry in front of the chamber of commerce and industry.

Nevertheless, the Defendant neglected this and got the victim C (Nam and 76 years of age) who was proceeding one-lane of the white sea area from the Mamag-ri administrative room to the left side of the vehicle driven by the victim C (the South and the 76 years of age) due to the negligence of entering the road.

The Defendant, by the foregoing occupational negligence, saw the victim’s 12-day pressure frame at the 12-day pressure frame, and dynamic E (V, 75 years of age) with approximately 3 weeks of the need and sleeps.

B. According to the records of the judgment of the court below, the defendant entered the road to turn to the left at the place where the yellow-ray center line is installed, but it is sufficient to recognize the occurrence of a traffic accident by shocking with the Oral Ba, where the defendant has yet to enter the place where he had not yet entered the opposite line beyond the central line.

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