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(영문) 서울서부지방법원 2018.11.15 2018고정416
교통사고처리특례법위반(치상)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving a motor vehicle B of investment risk.

On November 29, 2017, the Defendant: (a) around 21:21 on November 29, 2017, at the intersection in front of Mapo-gu Seoul Metropolitan Government, sand-resistant and proceeded with the airside of Mapo-gu Office.

Since there is a signal apparatus installed, a person engaged in driving service has a duty of care to live well with the signal apparatus and to safely drive the signal in accordance with the signals.

Nevertheless, the Defendant neglected this and received the part of the victim D(63 ) driving in front of the left side of the E-Poter truck of the victim D(63 ) which was moving to the right side of the E-Poter drive from the right side of the E-Poter to the right side of the E-Poter drive in contravention of the signal.

In this regard, the Defendant suffered, by negligence, the injury to the victim, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment on the part of the above victim, and the injury to the victim F, who is the passenger of the above victim, to the victim F, who is the driver of the above victim, about two weeks of medical treatment on the part of the victim, such as crums, tensions, etc.

2. As evidence that the judgment defendant caused the instant traffic accident by negligence in violation of the signal, the comprehensive analysis of the traffic accident and the survey report on actual condition based on the evidence that conforms to the facts charged in the instant case.

However, in light of the following circumstances, each of the above evidence of the prosecutor’s submission alone was proven without reasonable doubt.

It is difficult to see it.

(1) There is no direct evidence as to whether a defendant has entered the intersection in contravention of the signal.

2. The comprehensive traffic accident analysis report, in a situation where the speed of the Defendant’s vehicle is unknown within an intersection exceeding 60 meters, at the same speed as the Defendant’s vehicle is located within the intersection on the basis of the speed at the time of the accident coming from the black stuff image in D.

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