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(영문) 서울중앙지방법원 2016.04.06 2015고단6614
교통사고처리특례법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who is engaged in driving a Drocketing motor vehicle.

On February 6, 2015, around 15:02, the Defendant continued to run the car automatically from the F Director of the F Tax Office located in Seocho-gu Seoul Metropolitan Government E.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the front state and prevent accidents

Nevertheless, the Defendant neglected to set off the vehicle automatically and caused the victim G(43) to die immediately due to the shock of the vehicle while driving at a rapid speed. However, the Defendant received the victim G(43) from the front part of the above vehicle and caused the victim to die immediately.

2. In full view of the following circumstances acknowledged by the evidence adopted and examined by the court below, the possibility of the instant traffic accident, as alleged by the Defendant, cannot be ruled out. The evidence submitted by the prosecutor alone, which led to the Defendant’s negligence on duty, such as the entry in the facts charged, is not sufficient.

The recognition is difficult, and there is no other evidence to recognize this.

A. (1) With respect to the response to the request for appraisal by the National Institute of Scientific Investigation, the summary of the appraisal result of the National Institute of Scientific Investigation on the authorization of the so-called “emergency accident” is as follows: (a) the occurrence of a sudden phenomenon at the time of the accident on the rocketing earth, which is an appraisal object, has occurred;

The exceptional points that can be seen have not been found.

In other words, the functional disorder at the time of the accident is caused by the steering gear for the external test (Hand), the speed change server, speed pedal, brac pedal, engine and its affiliated organizations, etc.

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