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(영문) 대전지방법원 2020.06.18 2019고정1154
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the Defendant who was engaged in driving B Poter II cargo vehicles.

On June 12, 2019, around 19:53 on June 12, 2019, the Defendant is driving in the vicinity of the 53.5 km in the direction of the branch line of the Chungcheongnam-gu Daejeon East Highway.

Through the two-lanes, the lane was changed to the speed of the Daejeon Metropolitan City.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, give prior notice of change of course by operating direction, etc., and give prior notice of change of course, while he/she has a duty of care to safely change the lane and prevent accidents from being delayed.

Nevertheless, the defendant neglected this and changed the lane from the two lanes to the speed of the vehicle under consideration, and the part adjacent to the driver's seat of the damaged vehicle driving the speed of the vehicle under consideration into the front part of the steering seat of the vehicle under consideration.

Ultimately, the Defendant caused the victim C(31 years of age) to suffer 2 prudent injury due to the catum fat, tension, etc. by the foregoing occupational negligence, and, at the same time, caused physical damage equivalent to KRW 1,121,272 in the DK3 vehicle, which is the damaged vehicle, to the repair cost estimate.

2. Determination

A. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and a motor vehicle which caused a traffic accident under the main sentence of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents

B. The following circumstances revealed by the record, i.e., the victim, after the traffic accident in this case, received insurance money corresponding to the Large Compensation I through insurance (EA) covered by the victim's vehicle (D, K3). The victim, after receiving the insurance money from the victim, shall be the vehicle B driven by the Defendant.

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