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(영문) 부산지방법원 2017.02.08 2016고단3555

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving a freight truck of D1 ton.

On February 2, 2016, the Defendant driven an above cargo vehicle around 10:17, and led the Defendant to proceed from the side of the name-wheeled elementary school to the East-dong telephone station in Busan Metropolitan City, Dong-dong, Dong-dong, the next two lanes.

In the case of a two-lane, the truck must proceed along the two-lanes designated, and in the case of a two-lanes, the bus stops are located on the left and right side of the location, and there are frequent areas where people cross the roadways, so in such a case, there was a duty of care to safely drive the truck by looking at the right and right side of the designated lane in the case of a person engaged in driving the truck.

Nevertheless, the Defendant was due to the negligence in the course of business, which took place by failing to perform the duty of the front-way week while driving a truck, rather than the designated lane, and found the victim E (W, 19 years old) who was crossing the road to the right side from the left side of the running direction of the Defendant, and was immediately suspended, but did not avoid the situation, and received the victim's head in front of the left side of the cargo vehicle of the Defendant.

As a result, the Defendant suffered from the blood transfusion from a wound in which the number of days of treatment cannot be known to the victim due to the above occupational negligence, thereby resulting in a imprudent or incurable disease such as the telegraph, etc. of heavy symptoms.

2. Taking into account the following circumstances in light of the records of the instant case, the Defendant breached his duty of care, such as the description of the facts charged, solely based on the evidence submitted by the prosecutor.

It is difficult to see, and there is no other evidence to acknowledge it.

① The victim himself/herself is a victim, according to the black picture (No. 40) of the Busan FF city bus in which the surface of the instant accident was recorded as he/she stops subsequent to the city bus that the victim gets off.