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(영문) 창원지방법원 통영지원 2012.11.30 2012고단650
교통사고처리특례법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 12, 2012, the Defendant, at around 14:10 on April 12, 2012, driven by C Malaysia, while driving his/her business, led to the intersection of the volcanic three streets in front of the Gyeong-gun in the Gyeong-gun in the direction of Sung-Eup along the two-lanes of the screen in the direction of Sung-Eup.

In such cases, when there is a vehicle that is already entering the intersection from another road as a driver of a motor vehicle takes well into the traffic situation of the front side, he/she has the duty of care to give the right of way to the vehicle and prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and proceeded as is, while finding out the victim D (71 years of age, n) who first enters the intersection from the left side of the running direction to the right side of the Defendant, and applied for an rapid operation of 49C Sweon with no license plate for driving the victim D (71 years of age, n). However, the Defendant did not avoid it, but did not conflict with the part of the front-hand part of the Defendant’s vehicle.

At around 03:55 on April 14, 2012, the Defendant caused the victim's death by occupational negligence by low-blood shock.

2. The evidence presented by the Prosecutor’s Office alone is difficult to view that the Defendant had sufficiently proved the fact that the victim had already entered the intersection with the knowledge of the fact immediately before the accident, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure

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