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(영문) 대전지방법원 논산지원 2012.07.17 2012고단103

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in the business of driving Cbea kye and kye vehicles.

At around 15:00 on September 4, 201, the Defendant driven the above van and proceeded ahead of the six-lane in the gluthic gluthic gluthic gluthic gluthic gluthic gluthic gluthic gluthic glus.

At the time, the location was an intersection where traffic control is not performed, and the defendant observed that the victim D (the age of 72) is driving at the front of about 50 meters from the opposite line, and in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle complies with the restricted speed of the road or temporarily stops at the intersection and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and caused the left-hand turn to the left-hand side of the vehicle driving by the Defendant at the front left-hand side of the 100CC Sie100, which was driven by the victim at the right-hand side, due to the negligence in contravention of the speed limit.

Ultimately, on September 9, 201, the Defendant caused the victim's death by occupational negligence, such as a acute fluorial fluority, in Seoul Special Metropolitan City, Nowon-gu E Hospital.

2. Determination:

A. The Defendant’s duty of care as stated in the facts charged indicates the Defendant’s duty of care to observe the road speed limit and to verify whether there is a cross-road vehicle by temporarily stopping at the intersection with the Defendant’s duty of care. We examine ① whether the Defendant violated the duty of care to check whether there is a vehicle crossing by temporarily stopping, ② whether there is a causal link between the Defendant’s duty of care and the instant accident.

B. Regarding temporary suspension and violation of the obligation to verify the cross-road, the following circumstances, i.e., the road at the accident site, which are confirmed by the records of this case.