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(영문) 서울동부지방법원 2014.12.04 2013고단3478
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. On October 8, 2013, the Defendant, who is engaged in driving of “C” freight vehicles, was driving the above cargo vehicles around 04:30 on the same day, and led to the course of the parallel of the Eastdong-gu Seoul Metropolitan Government along the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of

At night and at the time, there was a duty of care to prevent accidents in advance by 20% reduction (64km/h) above the normal speed limit (80km/h) to a person engaged in driving service, and by doing well in the operation of the front-time and the device operation.

Nevertheless, the Defendant, without speed, driven a speed of approximately 80 km at a speed exceeding a speed of 80 km, and tried to change the car at the front section of the Victim E-driving car, and caused the Defendant to shock the left side of the vehicle at the front section of the freight vehicle operated by the Defendant due to the negligence of finding late the car at the latest.

As a result, the Defendant caused the victim to have cerebral cerebral cerebral Organisms, at the Hanyang University Hospital located 17, Seongdong-gu, Seoul, Seongdong-gu, Seoul, to die with pressure on brain at around 00:30 on the following day.

2. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to confluence of a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

Even if the interests of the defendant should be judged.

(Supreme Court Decision 2008Do8137 Decided January 5, 2009, etc.)

B. In light of the above legal principles, the evidence presented by the prosecutor alone is recorded in the facts charged in relation to the instant accident, in light of the following circumstances revealed through the records of the instant case.

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