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(영문) 춘천지방법원 강릉지원 2013.06.25 2012노286
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is that vehicles operated by the defendant and vehicles of victims are not facing each other;

즉, 사건 당시 피고인은 신호대기 중 차량의 기어를 주차(P)에 놓으려다가 실수로 기어를 후진(R)에 놓은 상태에서 브레이크 페달에서 발을 뗐고 그로 인하여 피고인 차량이 후진을 한 것은 사실이나, 피해자 차량이 경적을 울렸기 때문에 곧바로 브레이크 페달을 밟아 차량을 정지시켰고, 피고인 차량과 피해자 차량이 접촉하지 않았다.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case that the victim was injured and damaged by the injury of the victim due to the aftermath of the vehicle due to the negligence of the defendant.

2. Determination

A. The summary of the facts charged in the instant case is a person driving CM3 automobiles.

(1) On August 14, 201, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said vehicle at around 14:20 on August 14, 201, and driving forward the intersection in front of the express bus terminal at the early early high-speed operation at the front of the city. The Defendant stopped for the signal atmosphere.

In such cases, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle safely by accurately operating the transmission device and brake system.

Nevertheless, the Defendant neglected this and led to a change of speed system due to the negligent negligence that led to a sudden change of speed system, and caused the front ender of the E-Baa-car of the D Driving, which was in the signal atmosphere, to the following ender of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim F (the 63-year-old) who was the passenger of the said So-Baa car, such as salt, tensions, etc. in light of the influence of the 3-day medical treatment, and injury to the victim G (the 56-year-old and female) in light of the detailed unknown situation requiring approximately 3-day medical treatment, and the tensions and tensions in the pela car.

(ii).

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