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(영문) 대구지방법원 2015.12.10 2015고단3067
교통사고처리특례법위반
Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the person who is engaged in driving of the Lone Star vehicle owned by the Defendant.

On June 9, 2014, the Defendant driven the above vehicle at around 17:30 on June 17, 2014, while proceeding in the direction of a pushed-down in the direction of a pushed-down in the direction of the Cheongdo-si, Cheongdo-si along the three-lanes near the Cheongdo-do-si. The Defendant got to turn to the left from the well-known distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant neglected to turn to the left on the left at the rear side of the said Lone Star vehicle, and found the victim D (the age of 56) driving on the left side of the said Lone Star vehicle late later, and received the front part of the said Lone Star vehicle from the left side of the said Lone Star vehicle and led the said U.S. vehicle to the left side, and led the said U.S. vehicle to conflict with the instant U.S. car against the left side of the road.

As a result, the Defendant caused the victim D's death from the above occupational negligence, namely, by the suspension of cardiopulmonary function by blood transfusions and spawn, and suffered injury to the victim F (the 52 years old), who is the passenger of the above Obaba, such as the damage of the number of days of treatment, the damage of the number of days of treatment, and the injury of the blood transfusion from acute spawn.

2. The driver of a motor vehicle shall not be deemed to have a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is difficult to anticipate, by performing his/her duty of care to the extent that he/she could avoid the result of the occurrence of an ordinary predicted situation;

(see, e.g., Supreme Court Decision 85Do833, Jul. 9, 1985). However, at the time, the Defendant, according to the first lane near the Cheongdo-gun, Cheongdo-gun, Cheongdo-si, is in the direction of pushing ahead in the direction of the Cheongdo-Eup.

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