(영문) 수원지방법원 안양지원 2016.06.16 2015고단1215

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(영문) 수원지방법원 안양지원 2016.06.16 2015고단1215

교통사고처리특례법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a motor vehicle of sod vehicle of Chives of C.

On June 26, 2015, the defendant, around 16:40 around 16:40, passed along the two-lane road near the Dapo-si, Mapo-si with the one-lane reservoir protection area from the 3-lane Myeonpo-si, Mapo-si.

At the same time, the two lanes of the victim E (87 tax) were in progress, so there was a duty of care to thoroughly see the right and the right and the right of the driver of the motor vehicle and to prevent the accident by accurately manipulating the steering direction and the brake system according to the situation.

Nevertheless, the Defendant did not immediately find out the victim’s bicycles that have been changed from the two lanes to the one-lanes and did not drive the Defendant’s bicycle for the victim’s bicycle with the Defendant’s passenger vehicle front section. On June 27, 2015, the Defendant got the victim’s bicycle, and caused the victim to die with the victim’s driver’s blood going out of the trauma at around 04:18, 2015.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

2. The defendant's alleged victim has an accident that has caused the wind by changing his course from his own two lanes to one lane, and therefore the defendant has no negligence on duty.

3. Determination

(a) A driver of a motor vehicle has a duty of care to the extent that he/she could avoid the result in preparation for an occurrence of an occurrence of an occurrence of an occurrence of an exceptional which is difficult to expect and anticipate, and to prepare for it;

In addition, the prosecutor bears the burden of proving the facts charged in a criminal trial, and the acknowledgement of guilt is based on evidence with probative value that makes the judge feel true to the extent that there is no room for reasonable doubt. In addition, the burden of proving the facts charged in a criminal trial is based on evidence with probative value that makes the judge feel true to the extent that there is no room for reasonable doubt.

참조판례

-대법원 1985. 7. 9. 선고 85도833 판결

유사 판례

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