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(영문) 광주지방법원 2014.10.10 2014노665
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court determined that it is difficult to view that the Defendant had a duty of care in the course of performing duties of care due to the expectation that the Defendant would drive beyond the central line because the victim’s ozones down, and that there was no evidence to prove otherwise that the Defendant had a duty of care in the course of performing duties of care.

However, according to the legitimate evidence shown in the instant case, it is sufficient to recognize the Defendant’s breach of duty of care.

2. The judgment prosecutor asserts that the traffic accident in this case occurred at the intersection where traffic control is not performed, and the victim's order to turn to the left at the time was turned to the right at the time, and thus, the defendant is negligent in the conduct of business, even though he could immediately stop or avoid the traffic accident of the victim who was driven at the right time by lowering the speed and getting out of the opposite line by stopping or avoiding it, even though he could prevent the accident by stopping or avoiding it.

According to the records of this case, the traffic accident of this case was <1> The victim tried to turn to the left at the front side of the defendant's front side of the defendant's vehicle located at the front side of the defendant's vehicle at the same time and used to turn to the left. <2> The traffic accident of this case was turned to the front side of the plaintiff's vehicle at the front side of the defendant's vehicle at the same time. <2> The traffic accident of this case was turned to the front side of the plaintiff's vehicle at the front side of the plaintiff's vehicle at the same time. <2> The traffic accident of this case was turned to the front side of the plaintiff's vehicle at this time and turned to the front side of the plaintiff's vehicle at this time.

Therefore, the traffic accident in this case does not occur within the intersection, but before the vehicle of the defendant enters the intersection, the victim's Obanes.

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