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The defendant shall be innocent.
Reasons
1. The Defendant is a person who is engaged in driving a vehicle B B B in the indictment.
On July 18, 2018, the Defendant driving the above vehicle at around 07:16, and driving the D tunnel in Nam-gu Incheon Metropolitan City, Nam-gu, at a speed of about 40 km per hour, depending on two lanes in the direction of the west-gu, Incheon.
In this case, the driver of the vehicle has a duty of care to live the front door well and to operate the steering and steering system accurately and safely.
Nevertheless, the Defendant neglected this and neglected his duty and caused the victim to go beyond the road by shocking the front part of the electric wheelchairs of the victim E (year 55) driving in front of the upper right side of the vehicle of the Defendant driving, which was driven in the front side of the vehicle of the victim E (year 55) due to the negligence of the Defendant’s negligence in the front side of the direction of the Defendant driving, and caused the victim to go beyond the road. On September 18, 2018, at G Hospital located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to have the victim die due to the lack of humanity caused by infection in the upper part.
2. Determination:
A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)
The following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the D tunnel in which the instant accident occurred, are the roads where H Co., Ltd. constructed the said tunnel as a project operator and received tolls by being granted the right to manage and operate the said tunnel.