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(영문) 서울북부지방법원 2017.04.20 2016노1915
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) is the place where unauthorized crossing is frequent, and the vehicle is running on the road because many vehicles are on the road, the defendant is recognized as a breach of duty of care on the ground that the defendant did not perform his or her duty of care even though he or she failed to do so even though he or she had to do so thoroughly, taking into account the fact that he or she may protruding from the vehicle on the one-lane.

Nevertheless, the court below acquitted the charged facts of this case, and the judgment of the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

Judgment

The summary of the facts charged in the instant case is a person who is engaged in driving of CPoter II freight vehicles.

On August 3, 2015, the Defendant driven the above cargo vehicles around 18:46, and led the two-lane road in front of Seongbuk-gu Seoul, Seongbuk-do, Seoul, to proceed along the two-lane from the basin to the forest screen of the elbel in Northwest-west.

At the time, there was a lot of traffic for people, and there was a four-lane road from the center without separation, so there was a duty of care to prevent traffic accidents in advance by driving safely by checking whether or not there was a person driving a motor vehicle, who is engaged in driving a motor vehicle, by safely checking whether or not there was a person driving a motor vehicle.

Nevertheless, the defendant neglected this and got the victim E (taxe 61) who illegally crossed the road on the right side from the left side of the cargo driving direction of the defendant, due to the negligence of the defendant's negligence, and got the victim E (taxe 61) over the road.

Ultimately, around April 23, 2016, the Defendant: (a) caused the victim to die from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Gyeonghee University Hospital located in 23, Dongdaemun-gu Seoul, Dongdaemun-gu, to death.

The lower court determined that the Defendant denied the content of the police interrogation protocol against the Defendant.

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