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(영문) 의정부지방법원 2019.08.14 2019고단428

교통사고처리특례법위반(치사)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in the operation of B concrete mixed construction machinery.

On October 2, 2018, the Defendant driven the above construction machinery on October 15, 2018, and sent the signal signal from the two-lanes in the direction of the Ansan-gu Seoul, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Seoul, to turn to the left.

A person engaged in driving duty has a duty of care to safely proceed, such as closely checking the traffic situation and accurately operating the steering and steering system, prior to departure by checking the right and the right of the front side of the signal.

Nevertheless, the victim C (76 years of age) who crosses a bicycle from the right side of the course to the left side of the course due to negligence of neglecting this, was not found, and the part of the victim's left side of the body part was shocked to the front part of the construction machinery of the defendant to go beyond the road.

Ultimately, the Defendant caused the death of the victim at the E Hospital located in D during the Ansan-si period around October 22, 2018 by occupational negligence as above, and caused the victim to “the blood shock”.

2. The driver of a motor vehicle shall not be deemed to have a duty of care to perform his/her duty of care to the extent that he/she could avoid the result in preparation for an occurrence of an ordinarily foreseeable event, and shall not be deemed to have a duty of care to prepare for an occurrence of an unexpected event that is not anticipated ordinarily;

In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., the instant accident: (a) while the Defendant driven a concrete mixture construction machine with a height of approximately KRW 2.75 meters and took a signal signal at the front of the seven-lane crossing, and started to turn to the left at a distance of the front line, he gets off the bicycle and cross the road without permission at about 1m from the Defendant’s vehicle at intervals of about 1m from the front side of the vehicle.