(영문) 대구지방법원 2015.10.15 2014노3084 | 리걸엔진

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(영문) 대구지방법원 2015.10.15 2014노3084

교통사고처리특례법위반

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The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of other evidence, including the situation immediately before the accident, which was recorded in the summary of the grounds for appeal, the defendant could sufficiently recognize the fact that the defendant has operated the vehicle by breaking the central line at the time of the accident. The judgment of the court below is erroneous in the misapprehension of facts and thereby

2. Determination

A. The Defendant is a person who is engaged in driving a Drails car.

On February 29, 2012, at around 16:30, the Defendant continued to drive the said vehicle from the new parallel to Daegu on the front side of the Fmaart E in the Glurgic Zone E.

At all times, the road is a place where the yellow-ray center line is installed, and there was a duty of care to safely operate the vehicle. However, the Defendant neglected this duty and received the front portion of the victim G(39 years old) driving on the upper left side of the vehicle due to the negligent negligence of the center line, which led to the victim G(39 years old) driving on the margin side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as satisfinal finites, which requires approximately two weeks of medical treatment by occupational negligence as above.

B. The lower court determined as follows: (a) the evidence that deemed that the Defendant’s vehicle at the time of the instant accident was in a confluent state of the center line was ① black box images, ② G’s statement, ③ the appraisal result of the National Science Investigation Agency and the witness I’s statement; (b) it is insufficient to recognize that the said evidence alone was influenced with the center line at the time of the instant accident; and (c) there is no other evidence to acknowledge this otherwise; and (d) acquitted the Defendant on the charges of the instant case.

1) According to the black image, the Defendant’s operation of the car (hereinafter “rails”) is called “rails”.

2) Launching and G driving cars (hereinafter referred to as “rocketing”)

(ii) Before the collision (booming video time: 16°22 :00 53 : the center line.

유사 판례

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