beta
(영문) 서울중앙지방법원 2018.06.28 2017고단8568

교통사고처리특례법위반(치사)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 22, 2017, the Defendant, who is engaged in driving of Ck5 taxi, was driving the said taxi on September 22, 2017, along the passage in the apartment complex in the front of Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Do 2, main apartment complex 202) from the front side of the said parking lot.

At the time, such a passage is the left-hand passage and night, so in such a case, the driver of the motor vehicle has the duty of care to see the front door and safely drive the steering gear, brakes and other devices and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so and neglected to do so, and neglected the chests and part of the victim E(48) used on the right side of the road that was in progress with the wheels front of the taxi driving of the Defendant.

Ultimately, around September 22, 2017, at the G Hospital Emergency room located in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant caused the death of the victim due to damage to his body while receiving cardiopulmonary resuscitation treatment (hereinafter “instant accident”). 2. Determination on September 2, 201, the Defendant was used in a blind spot where the Defendant, a driver, was unable to identify the victim at the time of the instant accident, and it was impossible to discover the victim in advance. Therefore, the instant accident was caused by the Defendant’s negligence in the course of performing his duties.

I argue that it cannot be seen.

In full view of the following circumstances revealed through the records of this case, it is not sufficient to recognize that the evidence submitted by the prosecutor alone caused the accident of this case by violating the duty of care to prevent the accident in advance, and there is no other evidence to acknowledge it.

① The location of the instant accident is the road located within an apartment complex, and it is located on the front of the location of the instant accident based on the direction of the Defendant’s vehicle run.