logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.01.11 2017고정1818
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

Some of the facts charged were corrected.

On April 13:38, 2017, the Defendant driven a CK3 car volume, and proceeded with the Eelburway in Busan-gu, Busan-do, at the early middle school, about 5km per hour from the middle school to the children's large park.

Since the above road has a central line, in such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and to prevent accidents by safely driving the motor vehicle while keeping the motor vehicle line in advance.

Nevertheless, the Defendant neglected this and went along the center line of the yellow solid line on the above road, and the part on the left-hand side of the GSM 5 driving by the victim F (19 SM) who is driving along a single lane on the above road was shocked by the front-hand part of the Defendant’s vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim F, the victim H(18 years old), I(18 years old), J(19 years old), and the injury to the climatic salt, tensions, etc. in need of approximately two weeks of treatment, and the victim K(18 years old) suffered, respectively, the injury to the victim H(18 years old) in need of approximately two weeks of treatment.

Judgment

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that the driver of a vehicle shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won, if he/she causes the death or injury of a person due to a traffic accident caused by occupational negligence or gross negligence, and the special cases concerning the term of the relevant public action are set forth in the main sentence of Article 3(2) and Article 4(1) of the same Act, respectively, and the case of each of the following subparagraphs is excluded from the scope of the above special cases, such as “the central line is invaded in violation of Article 13(3) of the Road Traffic Act” under Article 3(2) proviso of the same Act.

In addition, Article 13 (3) of the Road Traffic Act provides that "the driver of the vehicle shall be the driver of the vehicle."

arrow