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(영문) 수원지방법원 안양지원 2017.07.21 2016고단1372
교통사고처리특례법위반(치사)등
Text

The defendant shall be innocent.

Reasons

1. On April 12, 2016, the Defendant driving a B B Poter II cargo vehicle around 05:20 on April 12, 2016, and proceeding at a point of 107.1km in the direction of visibility of the outer expressway (on the upper line) in the front, west-dong, Seoul, at the time of Heung-dong, at the speed of 132.8 km per hour depending on the one-lane between the front section and the front section of the charge.

At the time, the speed of the restriction is 100 km speed, so there was a duty of care to prevent accidents by accurately manipulating the steering side and the steering system without complying with the restriction speed.

Nevertheless, the Defendant neglected this and found the victim C ( South and North 60 years old) who was under the direct control of the Defendant at the end, and was in the middle of the cargo vehicle of the Defendant, and was in the middle of the central separation zone. The Defendant neglected it and found the victim C (the victim 60 years old) who was under the direct control of the Defendant.

As a result, the Defendant caused the victim C to die by cerebral dypulverization by occupational negligence as seen above, i.e., double dypulverization, etc., and continued on a double-lane.

D The driver E (son South and 54 years old) suffered injury such as light fladrum fladral fladratum which requires approximately three weeks of medical treatment, as the central separation fladr is protruding in front of the car.

2. Determination

A. The driver of a motor vehicle driving on an expressway has no duty of care to drive the motor vehicle while preparing for measures, such as rapid stopping, in order to prevent a collision with pedestrians, by predicting that there is a pedestrian driving on the expressway or crossinging the expressway, except in special circumstances. However, if the driver could anticipate the pedestrian in advance at a considerable distance, and if he/she takes measures, such as prompt speed or rapid driving, he/she could avoid a collision with the pedestrian.

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