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(영문) 대전지방법원 2017.03.29 2016고단4374
교통사고처리특례법위반(치사)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving a Drocketing motor vehicle.

On November 30, 2016, the Defendant driven the above car at around 22:05, and proceeded at a speed of about 60 K km from the long-distance side of the F cafeteria E, the way in front of the F cafeteria E, Daejeon, at a speed of about 3 lanes, along the three-lane distance from the long-distance side of the flow.

At the time of night, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating steering devices and brakes.

Nevertheless, the Defendant neglected to cross the above road without permission and received the Victim G (59) (hereinafter “the instant accident”). As such, the Defendant caused the Plaintiff’s negligence in the course of performing duties to cut off the bones of dysium, etc., and caused the Defendant’s death by blood transfusion in the mouth 158, Seo-gu, Daejeon District University Hospital, Seo-gu, Daejeon, Seo-gu, Daejeon, by causing the Defendant’s dysium dysium, etc. (hereinafter “the instant accident”).

2. The driver of the judged motor vehicle has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is not anticipated ordinarily by fulfilling his/her duty of care to the extent that he/she could avoid the result of the occurrence in preparation for an ordinary predicted situation;

In light of the evidence adopted and examined by this Court, the defendant cannot be said to have reached (see, e.g., Supreme Court Decision 85Do833, Jul. 9, 1985). According to the following: (a) the defendant, at the time of the accident in this case, was proceeding at a speed of about 60km to a speed of about 60km for the three-lanes of the road in the shape of a green. (b) The victim was suffering from the clothes of the color line at the time of the accident in this case; and (c) even if the pedestrian signal was sent with a red signal, he was off the crosswalk, and was in the center part of the road in the center of the three-lanes of the accident in this case; and (c) the defendant's front vehicle.

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