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(영문) 대구지방법원 2017.05.26 2016고정1204

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. On April 24, 2016, the Defendant: (a) driven a rocketing car car volume around 14:50 on April 24, 2016; and (b) operated two-lane roads in front of the E text points located in Gyeongsan-si, Gyeongcheon-si, in the direction of the south river basin, straightened in the direction of Kimcheon-gu.

In such cases, the driver of any motor vehicle has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as driving slowly or temporarily suspending the motor vehicle, when the motor vehicle is crossing, by taking into account the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, thereby shocking the Victim F (7 years old) who was crossing the crosswalk to the left side of the right side of the Defendant’s vehicle into the front side of the Defendant’s vehicle (hereinafter “instant accident”). Accordingly, the Defendant suffered from the Defendant’s negligence in the course of business as seen above, causing injury to the victim, such as brain, which requires approximately three weeks of treatment.

2. In the judgment, the evidence duly adopted and examined by this court, in particular, the results of the CD(s) reproduction, and the results of the traffic accident inspection conducted by the head of the Gyeongbuk-do branch of the Road Traffic Authority, as follows: ① The location of the accident in this case is the two-lane (Seoul-do four-lane) road located between apartment complexes located in the Gyeongcheon-do, Busan-do, the width of one vehicle is about 2.7 m to 3.0m, and the restricted speed is about 60 m/h; ② the vehicle is parked on the two-lane of the direction of the vehicle in this case at the time of the accident in this case, the vehicle is difficult to pass along the relevant lane, ③ the vehicle is presumed to have been parked between the point of the accident in this case and the point of the accident in this case, and ④ the vehicle is presumed to have been parked between the point of the accident in this case and the point of the accident in this case.