logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.06.22 2017고정1492
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the person who is engaged in driving a B-learning car.

On February 17, 2017, the Defendant driven the above car at a speed of about 40km in the direction of F elementary school from the direction of E, while driving the said car at around 04:35 on February 17, 2017, one lane from among the two lanes of Jung-gu Daejeon apartment D, Jung-gu, Daejeon.

Since there is a place where the center line of yellow solid lines is installed, a driver engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected to operate the center line with the negligence of running the center line, and was driven by the victim G(51) who was driving in the opposite opposite lane, and received the front part of the HH LAD car as the left part of the Defendant’s flive passenger car.

Ultimately, the Defendant suffered from the victim’s injury, such as a chrode, which requires approximately three weeks of medical treatment, due to such occupational negligence.

On the other hand, a traffic accident under the Act on Special Cases Concerning the Settlement of Traffic Accidents means the case where a traffic accident occurs due to the operation of a motor vehicle by breaking the center line of the road, that is, the case where the central line is directly causing the occurrence of a traffic accident. If the central line is not the direct cause of the occurrence of a traffic accident, the traffic accident has occurred while the central line is in operation.

As such, it is not included in the foregoing (see, e.g., Supreme Court Decisions 90Do2856, Feb. 26, 1991; 94Do1200, Jun. 28, 1994). Each evidence duly adopted and investigated in this court is as follows: ① According to the following circumstances, i.e., (i) black boxes, CCTV images (Evidence 19 pages), and the result of the Formula 1 (Evidence 1), the part on the left side of the Defendant driver’s vehicle and the left side of the said vehicle are followed by the central line.

arrow