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(영문) 창원지방법원 마산지원 2013.10.17 2013고단31

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a motor vehicle with DSS5 vehicles.

On October 1, 2012, the Defendant driving the said car at around 10:50 on October 1, 2012, and driving the motorway at a point 283m radius from the 283m radius from the west to the west. On the other hand, the Defendant is driving along two lanes from the west to the west.

On the left side, the car was stopped on the right side.

There is a duty of care to prevent accidents, such as safety measures, in principle, to prevent accidents, even if the vehicle stops due to inevitable reasons such as accidents or breakdowns.

Nevertheless, the Defendant did not take any safety measures to see the side at the above place and stopped a vehicle on the second line of the above road, and caused the victim E (the age of 22) who was driving a vehicle with the two-wheeled vehicle in the same direction as that of the Defendant, in the front side of the road, to avoid the Defendant’s vehicle parked on the road, while getting out of the center, the Defendant got the back part of the Defendant’s driver’s SM5 vehicle with the two-wheeled R.

Accordingly, the Defendant caused the victim's death by occupational negligence at G Hospital located in Changwon-si, Changwon-si F around 12:33 of the same day, resulting in the victim's death by occupational negligence.

2. Determination

A. According to the records of this case, the defendant stopped the same car between the two lanes near the accident site of this case (hereinafter referred to as "the two lanes of this case") and the side (hereinafter referred to as "the first lane of this case") in order to see the side, such as the date, time, place, and place indicated in the facts charged, as stated in the facts charged, and no safety measures have been taken.