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(영문) 울산지방법원 2017.07.19 2017노428
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby making a mistake of finding the Defendant not guilty.

2. Judgment on the grounds for appeal

A. The summary of the facts charged in the instant case is a person engaging in driving service of C&L automobiles (hereinafter “c&L”).

On April 10, 2016, the Defendant driven light bargaining on April 19:5, 2016, and driven a three-lane road in front of the literacy elementary school in Ulsan-si, Ulsan-si, U.S., at the blue-do rate of the blue-do. The Defendant driven a three-lane road in front of the literacy elementary school at the speed of about 70km each hour at the right from the east side of the road.

At the time, as night, the driver had a duty of care to prevent traffic accidents by accurately operating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Ultimately, at around 20:45, the Defendant caused the death of the victim in an emergency room of the F Hospital located in Ulsan-gu, Ulsan-si, Seoul-si, by the foregoing occupational negligence, due to the blood pleslion, etc. caused by the cage of the victim.

B. The lower court held that, insofar as a driver operating a road reliances on the observance of all traffic laws and regulations and operates on the basis of such trust, the driver cannot be held liable for violating his duty of care. However, the principle of trust is premised on the premise that where there are special circumstances in which the other party involved in the traffic cannot be trusted that the driver would operate a motor vehicle or walk on the road in compliance with all traffic-related laws and regulations, the application of the principle of trust is excluded. In full view of the following circumstances, the police officer of the instant road [Attachment 2] in the instant case.

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