beta
(영문) 대전지방법원 논산지원 2018.11.13 2018고정108

교통사고처리특례법위반(치사)

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

On April 9, 2018, the Defendant came to proceed to the king of 83 king intersections from the direction of granting the king intersections by the Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the time, there was a low weather situation at the time, and its location was a straight line with two-lane crossings in rural areas. In such a case, there was a duty of care to prevent accidents in advance, such as a person engaged in driving of a motor vehicle, a person who is engaged in driving a motor vehicle, a person who is well in driving a motor vehicle, accurately handles the steering gear and brakes, and complying with the restricted speed.

Nevertheless, the Defendant neglected this and driven 80.9km at an average speed of 80km at a speed of 80km, and did not look at the front door, and caused the victim C (W, 73 years old) who was standing on the crosswalk in front of the motor vehicle in front of the motor vehicle in front of the defendant's driving.

Ultimately, around April 9, 2018, around 18:51, the Defendant caused the death of the victim by occupational negligence, such as external shock shock, multiple emercation, etc. at the D E hospital in the previous North Korea-U.S. emergency medical center.

2. Determination

A. The prosecutor, on the basis of the black stuff image and traffic accident analysis report, was prosecuted on the premise that the Defendant could have been aware of the victim from around 44-65 meters away from the point of accident at which the accident occurred, and that the Defendant could have avoided the accident if he was immediately flad.

B. In full view of the evidence duly examined and adopted by this Court, the following facts can be recognized.

1) The victim's appearance is found that the part of the upper upper upper upper upper upper part of the black booming screen is not visible as the center is separated, but only the upper upper part is 14:43:10.