logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.12.04 2012고정3279
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who acquires a Class-I ordinary driver's license and drives a Category C 124cc motor bicycle owned by the principal.

On April 11, 2012, the Defendant driven the above vehicle as a business and used one-lane of 15.1M in front of the shooting distance in Songpa-gu Seoul, Songpa-gu, Songpa-gu, Seoul, as one of the four-lanes of 15.1M in front of the shooting distance in the Songpa-gu, Songpa-gu, Seoul, and led the victim to a rapid speed in the direction of the shot village. In such a case, the driver is negligent in exercising the duty of care to drive in accordance with the new subparagraph, while he was negligent in driving the vehicle in front of the previous red signal, and then, the victim D (35 years old) suffered injury to the victim by collisioning the front right side of the damaged vehicle with the upper part of the motor vehicle in front of the lock-gu, Songpa-gu, Seoul with the upper part of the 15.1M, and the traffic control is carried out by the signal, etc. at the same time.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge not having reasonable doubt that the facts charged are true, to the extent that there is no room for a reasonable doubt, so if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do1716 Decided May 26, 2006, and Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.) B.

As shown in the facts charged in the instant case, witness D, F, and G’s statements at each police station and court, H’s legal statement, traffic accident report, each medical certificate, each photograph, etc. are located.

However, this Court.

arrow