beta
(영문) 광주지방법원 2016.09.29 2015고단5185

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving Dmers truck trucks.

On November 3, 2015, the Defendant driven an above cargo vehicle on November 13:15, 2015, and driven the front side of the motor vehicle along the direction of the Seo-gu of Gwangju, Seo-gu, with four lanes from the luminous shooting distance to the lower side of the 83km in speed.

Since there is a road with a speed of 70 km per hour, it has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system according to the traffic conditions of the road and the structure and performance of the vehicle while complying with the speed limit and living well on the right and the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and proceeded at a speed of about 83 km per hour exceeding 13 km per hour, and it was found late after the victim E (77 cm) who crosses the speed from the right side of the defendant's proceeding to the left side, and caused the victim to go beyond the right side of the victim to the front right side of the cargo vehicle of the defendant.

Ultimately, around November 16, 2015, the Defendant caused the death of the victim by occupational negligence in the Joseon University Hospital located in 365, a multi-long period of time, etc., according to the penology of Gwangju-dong, Gwangju-gu.

2. According to the records of recognition, the following facts are recognized:

A. On November 3, 2015, the Defendant driving at around 13:20 (the starting point on the black stuff image installed on the Defendant’s vehicle; hereinafter the same shall apply) the 8-lane (one-six-lane) road in front of the south of the motor vehicle in the direction of Gwangju Seo-gu, along the speed of about 83 km (49-54 km from the appraisal result of the National Scientific Investigation Agency, the investigation record), or about 80.6-82.5 km (the road traffic of this court is about the road traffic of this court) at a speed exceeding the speed of 70 km per hour, depending on four lanes towards the south.