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(영문) 수원지방법원 2018.10.12 2018노4151
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following, the Defendant’s fault in the instant accident can be acknowledged in view of the following: (a) the Defendant led to confession from the investigative agency and stated to the effect that the first mistake was recognized in the court below’s court; (b) the location of the accident was a point that has not yet passed at the crosswalk; and (c) the form that the victim and the walked on the road was visible before the occurrence of the accident.

However, the judgment of the court below that acquitted the defendant is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. The summary of the facts charged in the instant case is a person who is engaged in driving a car of the Don Don Do, and the Defendant, around March 3, 2018, along the two-lanes in the direction of the flow distance from the direction of the shooting distance to allow the three-lane roads in the direction of the Don Don Don Don Don Do around March 3, 2018.

At night, it was difficult to secure the view at night, and the victim F(53) was crossing the road on the right side from the left side of the defendant's direction, and thus, the defendant engaged in driving service had a duty of care to make a safe turn to the left safely by accurately manipulating the steering direction and operating the steering direction and operation system well.

Nevertheless, the Defendant neglected this and went beyond the floor by taking the victim's top part of the passenger vehicle in front by negligence while driving the vehicle.

Ultimately, the Defendant caused the victim by occupational negligence above to the same month.

4. A Gacheon-ro Hospital located in the Southern-si Incheon Metropolitan City around 05:37 caused the death of the patient due to cerebral cerebral cerebral typhism, etc.

3. Determination

A. The judgment of the court below is based on the following circumstances revealed by the evidence duly adopted and examined by the court below, and the defendant must make a safe turn to the left by accurately manipulating the steering direction and brakes while properly seeing the front door and the left door and the left door.

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