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(영문) 대구지방법원 서부지원 2019.07.17 2019고단809
교통사고처리특례법위반(치상)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a vehicle B QM3.

On November 22, 2018, around 19:15, the Defendant proceeded at a speed of about 50km from the intersection to the Sungju-gun, a three-lane road in front of the Daegu-gun C Apartment, Daegu-gun, along three-lanes from the intersection of the river.

At the time, there is a crosswalk at which signal lights are installed at night and at the front of that place, so there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as checking whether there is a person driving the motor vehicle by reducing the speed and checking well the front door.

Nevertheless, the Defendant neglected the duty of Jeonju and went beyond the victim D (the age of 62) who was going on the road front of the direction of the running of the Marina by the negligence of the Defendant.

Ultimately, the Defendant suffered, due to the above occupational negligence, from a serious injury to a horse that caused the following: (a) the confluence of reconcution, the escape of the part of the reconcution, and other damage to the victim for about 32 weeks.

2. The assertion and judgment

A. (1) The Defendant and his defense counsel’s assertion (i.e., the Defendant observe the speed limit and signals, and drive B QM3 Motor Vehicles (hereinafter “instant Motor Vehicles”) so there is no negligence as to the instant accident.

B. Accordingly, the charge of this case should be pronounced not guilty.

B. (1) The principle of trust refers to the accident method in which the responsibility of a person operating a vehicle or a driver is denied in cases where it is reasonable to believe that an abnormal behavior such as traffic offense by the victim or a third party has been opened in the occurrence of a traffic accident, in light of the overall circumstances at the time of the occurrence of the traffic accident. Therefore, if it is intended to apply it, the victim involved in the traffic accident or the third party involved in the traffic accident.

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