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(영문) 수원지방법원 안산지원 2018.08.10 2018고단941
교통사고처리특례법위반(치사)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The defendant in the factory room is a person who drives a Class C Ⅱ cargo vehicle.

On February 10, 2018, the Defendant was driving the above cargo vehicle around 01:05, and then driving ahead of the hotel in D when lightlighting, the Defendant continued straightening at a speed of 75 km per hour at a speed of 75 km per hour, depending on the three-lane distance from the top side of the luminous function.

Since at night, the driver of a motor vehicle is at night, he/she has a duty of care not to drive a motor vehicle at a speed or in a manner that inflicts any danger and obstacle on others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim F (I, 47 years old) who cross the right from the left side of the road due to the negligence of proceeding without living well in front, and received the victim in front of the above cargo vehicle.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence due to brain injury in the workplace.

2. Determination:

(a) A driver of a motor vehicle has a duty of care to the extent that he/she could avoid the result in preparation for an occurrence of an occurrence of an occurrence of an occurrence of an exceptional which is difficult to expect and anticipate, and to prepare for it;

In addition, in a criminal trial, the conviction shall be based on evidence with probative value sufficient for a judge to have the authenticity of the facts charged to the extent that there is no reasonable doubt, and if there is no such proof, the conviction shall not be made even if there is suspicion of guilt against the defendant.

B. This Court is legitimate.

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