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(영문) 서울북부지방법원 2012.12.27 2012고단2238

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving service of Dropis.

On March 15, 2012, the Defendant driven the above vehicle at around 17:30 on March 15, 2012, and proceeded two lanes in front of the front 892-71 So-called Seoul Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul, with the consideration of the blue-ri area.

At the time, the Defendant, on the delivery located on the right side of the vehicle driving direction, appears to have been placed on the two-lanes along the front side of the Defendant’s front side of the vehicle and used on the front side of the vehicle. In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely drive the motor vehicle after securing a sufficient safety distance with the victim who is used on the road by well examining the front side and the left side of the motor vehicle and lowering the speed.

Nevertheless, due to the negligence of neglecting this, the part of the victim's head written in the above two-lanes of the defendant's vehicle's front right side part of the defendant's vehicle, which caused the victim's death due to damage to the head's part at the Dongdaemun-gu Seoul Metropolitan Government F Hospital around 18:31 on the same day.

2. The Defendant stated that while driving the two-lanes of the accident place from the investigative agency to the court, the victim tried to leave the right side of the accident and operated the steering gear in the way to avoid the accident into one-lane. According to the traffic accident comprehensive analysis statement, the Road Traffic Authority, which analyzed the accident at the police's request, shows that the Defendant operated the steering gear in the case to the left side of the victim while driving the steering gear in the case to the left side of the victim, but it is difficult to judge whether the victim is in excess of the victim at the time of the collision or not, and if the Defendant took the vehicle in lieu of driving the vehicle in one-lane, it can be seen that the accident could be prevented.