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(영문) 광주지방법원순천지원 2020.12.24 2020고단2301
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving a rocketing car.

At around 18:50 on February 13, 2020, the Defendant driven the said car and proceeded to turn to the right from the direction of the “D Council member” front of the “D Council member,” located in Goung-gun C, Goung-gun, Chungcheongnam-gun, to the intersection of the first pharmacy.

Since the central line is installed and it is impossible to turn to the left, there was a duty of care to make a person engaged in driving of a motor vehicle not to proceed to turn to the left.

Nevertheless, the Defendant neglected this and got knee knee knee in the right side of the victim F (F, South and 38 years old) who dried a road from the right side of the defendant's running direction to the left side by the negligence of the center line leading to the left left-hand turn.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the thring of treatment days, the thring of the unclaimed bridge and the unexponed part.

2. Determination:

A. "Where a traffic accident, in violation of Article 13(3) of the Road Traffic Act" in the former part of Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents refers to a case where the act of traffic accident is caused by the act of driving a center line by breaking the center line of the road, that is, where the act of intrusion by the center line directly causes the occurrence of the traffic accident. Thus, if the act of intrusion by the center line is not the direct cause of the occurrence of the traffic accident, the traffic accident is not all included in the case where the traffic accident occurred during the course

(see, e.g., Supreme Court Decision 2016Do857, Apr. 12, 2016). Meanwhile, the Road Traffic Act subject to punishment for traffic accidents that occur by allowing the passage of the center line or the center line to the right-hand side of the road, as seen above, is a safe operation and smooth traffic of vehicles and horses operating in the opposite direction to each other in compliance with their driving direction.

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