Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a Class C cargo vehicle.

On March 28, 2017, the Defendant driven the above cargo vehicle around 15:00, and turned to the left of the front of the E convenience store D in Jung-gu Seoul, Jung-ro 2-ro 2-ro jun-ro 2-lane 3-lane 4.

Since the place is a road with the center line of yellow domin line, it is necessary to proceed to the right side of the center line, and if it is inevitably necessary to go beyond the center line due to the urgent circumstances in view of the objective conditions at the time of operation, there was a duty of care to go beyond the center line, due to the traffic in the opposite direction.

Nevertheless, the defendant neglected this and caused the victim F (the 67 years old) who dried a road on the left side from the right-hand side of the last course to the left-hand side of the center line due to the negligence of leading the center line to the left-hand turn, to go beyond the floor of the defendant.

As a result, the Defendant suffered injury, such as double alleys, which require approximately 12 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The alleged defendant and the defense counsel do not constitute an accident at the center line since they met the central line in order to avoid the vehicle of a parked tower at the corner of the road in the direction of the defendant's left-hand turn.

The argument is asserted.

2. Article 2 subparag. 5 of the Road Traffic Act of the relevant statutes and legal principles “central line” is installed with a line marked with a safety sign, such as yellow solid lines or yellow domin lines, or with a median section, fence, etc., in order to clearly separate the direction of passage of the vehicle.