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(영문) 서울북부지방법원 2013.04.04 2013고단151
교통사고처리특례법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the defendant who is engaged in driving of Cwing and C Freight III Cargo Loading.

On November 3, 2012, at around 10:23, the Defendant driven the said vehicle in front of the apartment crossing of Dobong-gu Seoul, Dobong-gu, Seoul Metropolitan Government 690 Eastern-do, and driven the said vehicle in front of the said vehicle according to one way among the three-lanes in front of the entrance distance from the front of the road in front of the direction of the vehicle, and was negligent in failing to perform the duty of the front bank and the right and the right and the right and the right and the right and the victim D (87 years old, south) who passed the bicycle on the left side from the right side of the vehicle in front of the said vehicle, caused the victim's death in the E Hospital at around 15:23 of the same day by shocking the front side of the said vehicle.

2. Determination

A. A driver who operates a road shall not be held liable to the driver for breach of duty of care in the course of performing his/her duty of care, unless he/she has relianceed on complying with all traffic regulations and operated on the basis of such trust.

The so-called principle of trust shall be excluded only when there are special circumstances in which the other party traffic controller cannot trust the operation or walking of the vehicle in compliance with all road traffic-related laws and regulations.

(See Supreme Court Decision 2002Do4134 Decided October 11, 2002; Supreme Court Decision 2010Do4078 Decided July 29, 2010, etc.)

B. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

The Defendant entered the intersection of the instant accident site immediately after the vehicle signal was changed to a straight line while driving a three-lane road. On the right side of the Defendant’s running direction, the Defendant shocked from the stop line to the intersection where the victim 5-6 meters away from the stop line.

The road in the direction of the victim's progress is the defendant's vehicle on the side of the 6-7 meters wide from the side without distinction of the vehicle.

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