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(영문) 서울서부지방법원 2017.09.14 2017고단470

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has driven the EMWR1200 R, and is also a person who has driven the EMWR.

On November 13, 2016, the Defendant driven the upper 02:35, and led the first or the second two lanes of the three-lanes in Yongsan-gu Seoul Metropolitan Government F, which are located in Yongsan-gu, to flow from the lower bank to the lower bank and the lower bank at an insular speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by driving the motor vehicle safely while driving the motor vehicle.

Nevertheless, due to the negligence in the course of the business, the Defendant neglected this and led the victim to see the left upper part of the Victim G (53 Do) which was the left part of the road from the right side of the front bank to the front part of the front part of the front part of the Otoba, thereby leading the victim to the floor.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the closure of the season due to the multi-faceted trauma in the light of 02:25 on December 8, 199, while he was sent to the school at the school of the household and to the Synish Hospital at the university.

[The defendant and his defense counsel at the time of the accident of this case, since the defendant complied with traffic laws and regulations and could not anticipate the victim without permission, there is negligence on duty of the defendant.

I argue that it cannot be seen.

However, it is reasonable in light of the empirical rule that the road in which an accident occurred is a road of six lanes from each other, in which ordinary cargo vehicles are parked on the three-lanes of the road, and delivery is installed on the side of the road in which the accident occurred, and therefore, pedestrians crossing it without permission may be able to unclaimed, and as a driver of the vehicle, it is well known that the driver of the vehicle is a driver of the vehicle.