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(영문) 광주지방법원 2013.09.27 2013고단3348
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who drives a rocketing taxi.

On June 14, 2013, the Defendant driven the above taxi on June 14, 2013, and turned out to be a second-lane of the two-lanes in front of the YC apartment in Gwangju Seo-dong, Seogu, Seo-gu, Gwangju, at the speed of the city speed from the bYC room to the bYC room, and led to an internship.

Since there has been a central line and a place where the passage of vehicles is frequent, a person engaged in driving service has a duty of care to safely look at the front line while driving the field where a U-turn is possible, and to safely internship.

Nevertheless, the victim D (the 39-year-old driver) driven by E in accordance with the same direction as that of the 1-day driver's negligence, neglected to do so, suffered from the victim F (the 32-year-old passenger) who was a passenger on the right side of the said taxi after being added to the upper left side of the said taxi and was on board the said taxi for about two weeks-time medical treatment, and suffered from cerebral typhism requiring approximately two weeks-day medical treatment to the victim G (the 39-year-old passenger).

2. Determination of the facts charged in this case and applicable provisions of the Act alone mean a central crime of violation of duty by a defendant under Article 13(3) of the Road Traffic Act, and as such, it is not clear whether the violation of duty by a defendant means a violation of duty of prohibition of internship under Article 62 of the Road Traffic Act, all of the above two cases will be examined.

In determining whether the Defendant violated the central line, the driver’s duty to pass along the right side of the central line of the road provided for in Article 13(3) of the Road Traffic Act is a provision to protect the trust of the opposite driver (see, e.g., Supreme Court Decision 2000Do2116, Jul. 7, 2000). Thus, in order to fall under the median line of the central line under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the driver’s act of intrusion at least is required, and the central line is the center line.

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