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(영문) 대구지방법원 서부지원 2018.08.16 2017고단2086
교통사고처리특례법위반(치사)
Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving of CPoter freight vehicles.

On 22:18 on 24. 207. 24. 207. 22:18, the Defendant driven the above cargo and proceeded in front of the valley 1095, as it was in Daegu-gu, in front of the direction 1095, along the four-lane radius of the new line, from the Seo-gu, Seo-gu to the four-lane radius of the new line.

In such a case, the driver of the vehicle has a duty of care to prevent accidents by thoroughly driving the front door and the left door door and safely.

Nevertheless, as the Defendant neglected to do so and neglected to do so, the part on the right side side of the victim D (V, 65 years old) who cross the crosswalk without permission from the left side of the direction of the Defendant’s proceeding, which conflict with the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to the negligence of the above occupational negligence at Daegu Tol University Hospital located in Daegu-gu around 14:25 on July 26, 2017.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, the conviction should be based on the defendant’

According to the evidence adopted and examined by this court, the Defendant can verify the fact that the Defendant was driving at the speed of 50 km from the fourth-lanes to the speed of 50 km each hour among the five-lanes on the charges at the time and place indicated in the charges.

On the other hand, the victim got across the crosswalks where signal lights are installed at the 10-lanes of the vehicle traffic, and cross the crosswalks without permission, in violation of the pedestrian traffic.

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