beta
(영문) 서울중앙지방법원 2018.11.22 2018고단92

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving B 124cc, was driving the 00:10 on June 20, 2017, driving the 3-lane road in front of Gwanak-gu in Seoul Special Metropolitan City along the private distance at the entrance of the modern market from D elementary school to the private distance at the entrance of the modern market.

Since the restriction speed is 60 km per hour and at the time, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and operating the steering system accurately.

Nevertheless, the Defendant neglected to do so and took care of more than 20.6 km per hour than the speed limit, and got knee of the victim E (52) who crosses the above road to the right side from the left side to the front part of the above otoe, and caused the head to be faced with the floor while the victim exceeded the limit.

Ultimately, the Defendant suffered from the injury of sexual marijuana, etc. on the left side of the left side where the number of medical treatment days cannot be known to the victim due to such occupational negligence.

2. Determination

A. The Defendant’s over-speed denies the facts charged by asserting that the investigative agency did not have any over-speed more than 20 km than the speed limit from the investigative agency to the court of the instant case, and thus, we examine it.

According to the traffic accident analysis answer among the evidence submitted by the prosecutor, the speed of the above Oral Ba in the accident immediately before the accident is confirmed at 80.6 to 86.1 km per hour, but the above speed is limited to the estimated value based on the video screen, and there may be errors by reference to the video screen, and the above evidence alone, which does not consider the possibility of error, has violated the restricted speed.

It is difficult to conclude that there is a little error due to the measurement of the distance of the two-wheeled vehicle in the process of calculating the speed, compared to the image of the string, even on the above reply.