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(영문) 대구지방법원 2016.04.21 2015고단4509
교통사고처리특례법위반
Text

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

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving a cargo vehicle, with the early 5 tons of CMoern 5 tons.

On June 18, 2015, the Defendant driven an above cargo vehicle at around 17:57, and led to the left-hand turn from the side of the Republic of Korea to the right-hand turn.

Since there is a T-type intersection with a signal, there was a duty of care to make a left turn to the driver prior to the left turn to the person engaged in driving service, and after checking the right and the way is safe, there was a duty of care to make a left turn according to the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to turn to the left, thereby passing from the left side of the Defendant’s course to the right side, and received the front part of the FOE (68 ) driving by the victim E (68 ) from the left side of the instant cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as the cage of cages at 179 at the old-si Hospital affiliated with the Gancheon-do University, 19:40 on June 18, 2015, at the time of the treatment of the victim, which was being sent back to the Gancheon-do University, 179, at the time of the treatment of the victim.

2. (1) First, we examine whether the defendant left the left or left, in violation of the signal.

The Defendant consistently does not violate the signal and denies the facts charged, and the witness G’s testimony also conforms to this.

In addition, the following circumstances recognized by witness G and H’s testimony, entry in the traffic signal control ledger, and partial entry in the comprehensive traffic accident analysis report are presumed to require approximately KRW 2-3 seconds until the vehicle of Defendant driving arrives at the point of collision. The left side of the Defendant vehicle is the vehicle of G and H driving, and thus, the victim seems to have failed to regard the vehicle of Defendant driving in the above vehicle before entering the intersection. (The injured party shall turn to the left.)

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