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(영문) 춘천지방법원 2016.05.31 2015고단29
교통사고처리특례법위반
Text

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

Reasons

1. The summary of the facts charged is a person who is engaged in driving a D high-speed knife.

On July 5, 2014, the Defendant driven the above vans around 15:00, and proceeded with the national highways of about 44 km in Hongcheon-gun, Hongcheon-gun, Hongcheon-si, and Dong-dong, which are located in Dong-dong, at a speed of about 84 km per hour, depending on the two-lanes from the Hongcheon-gun to the artificial embankment.

At the same time, there are two lanes in which vehicle traffic is high, and at the same time, the victim E(32 Do) driving is proceeding in FGX1300 Rato, so that a person engaged in driving of a motor vehicle has a duty of care to safely change the vehicle after checking whether there is a vehicle driven on the next lane by reducing speed when changing the vehicle, and properly examining the traffic situation before and after the change of the vehicle.

Nevertheless, the Defendant neglected this and did not accurately ascertain whether there is a vehicle driving at the first lane, and instead changed from the second lane to the first lane, and caused the victim's stoba, which was proceeding at about about 128 km from the first lane, to a speed of about 128 km, to avoid the defendant's transit, and caused the victim to shock the back number plate of the defendant's transit.

As a result, the Defendant caused the victim's death by the above occupational negligence through low-blood shocks caused by the bones of the head floor at the site.

2. The Defendant’s assertion and the key issue of this case, as indicated in the facts charged from the investigative agency to the investigation agency, are arguing that there was no difference between the two lanes per se and the one lane at the time of the accident, and the direction, etc. was turned on to the direction, etc. to overtake the two lanes and changed to the one lane. At the time of the change of the two lanes, at the time of the change of the two lanes, the victim’s right-to-face was left far away from the Defendant’s vehicle at the time of the change of the two lanes, and the left-hand side of the Defendant’s vehicle.

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