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(영문) 광주지방법원 2016.05.19 2015고단4741

교통사고처리특례법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving of a DNA-bank vehicle even though M Bank Cokes.

On October 25, 2015, the defendant driving the above vehicle around 01:30, and driving the 261-lane road in front of the KRB Industrial Bank in Gwangju Mine-gu at the 261-gu, according to the normal intersection, one-lane road in front of the KRB Industrial Bank in the direction of the ordinary intersection from the breadth to the breadth.

At the time, the Defendant had a duty of care to thoroughly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant, while neglecting the above duty of care, found the victim E (31) who was unauthorized to cross the road on the front side of the Defendant due to negligence while neglecting the above duty of care, and operated the vehicle late, but did not reach the part on the set of the above vehicle, etc., and received the above victim.

The Defendant caused the death of the above victim due to the above occupational negligence due to the cerebral cerebral injury in the workplace.

2. Relevant legal principles

A. As a driver of an automobile driving on an exclusive road, he/she is not obliged to pay a duty of care to drive the automobile when preparing for a vehicle so that pedestrians can stop rapidly, barring special circumstances. Therefore, barring special circumstances such as the occurrence of an accident, a driver of an automobile is negligent in failing to pay a duty of care to the driver of the automobile, even though he/she was able to stop without any collision with the victim if he/she immediately finds the victim as to the occurrence of an accident, when he/she illegally crosses the road or causes an accident by shocking the damaged person sitting on the road without permission.

Nor can it be seen (Supreme Court Decision 190 delivered on October 1, 1996).