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(영문) 서울동부지방법원 2018.04.18 2017고단4116
교통사고처리특례법위반(치상)
Text

The defendant shall be innocent.

Reasons

The Defendant is a person who is engaged in driving Dalba.

On November 9, 2017, the Defendant driven the above-mentioned vehicle around 06:40 on November 9, 2017, and proceeded along the road of four lanes in front of Songpa-gu Seoul, Songpa-gu along the four-lane distance from the distance of the comprehensive playground to the intersection of the Asian stem village apartment.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving a motor vehicle while driving the motor vehicle in a narrow state due to the vehicle travelling around the time.

Nevertheless, the defendant neglected to do so and did not discover the victim F (77 tax) to the right side from the right side due to the negligence of proceeding, and received the Defendant's Obatha.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand body flag, which requires approximately 14 weeks medical treatment.

Judgment

According to evidence, at the time of the accident, ① the first night prior to the first out of the day (07:05 on the day), ② the victim was unable to easily distinguish his clothes in the street lamps or the head of the vehicle, while keeping them in line with the upper door, ③ the place of the accident is a four-lane road (proking eight-lane), and the passage of the vehicle is frequent, ④ the victim was crossing without permission in violation of the pedestrian signal.

Accidents that occur in this situation are clear that the fault of the victim has contributed significantly.

B. In order for a defendant to determine the degree of responsibility for the occurrence and expansion of an accident, it is necessary to determine whether the defendant could have discovered the victim's unauthorized crossing in advance as much as possible to avoid the conflict, and whether the defendant could have taken any further measures to avoid the accident or to minimize the damage.

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