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(영문) 의정부지방법원 2016.06.24 2015고단3912
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle from E in the instant charges.

On November 20, 2014, the Defendant driven the above car around 21:12, and proceeded with the road of the four-lanes in front of the two-lanes, TS2 apartment in the 713-dong, Yangju-si, Yangju-si, Yang-do, Yang-si, Yang-do, at Yangju-do, along the long-distance intersection from the side of the Taedon Agricultural Cooperative to the long-distance intersection.

At night, and the place was frequently crossing without permission, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brake system, etc. and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and tried to find out the Victim F (65 years old) crossing the road from the left side of the Defendant’s running side to the right side of the road and immediately drive the road. However, the Defendant did not avoid the vehicle, but did not go to the front side of the Defendant’s car, this net, front glass part of the victim’s right bridge, etc. go beyond the ground.

Ultimately, at around November 201, 2014, the Defendant caused the death of the victim due to cerebral cerebral injury to the aftermath of the hospital due to occupational negligence.

2. According to the records, at the time, the defendant was proceeding under the speed of 37.8 km at a speed below 60 km per hour, which is the Do to which the limitation is placed pursuant to the straight line, and the place of the accident was considerably wider than 4 km in letter, and the opposite part of the direction was the vehicle waiting for the left-hand turn signal, and the opposite part of the direction was the vehicle waiting for the left-hand turn signal, so it could not be easily thought that there was a person attempting to cross the vehicle without permission by cutting off the four-lanes from the opposite part of the vehicle at a speed so that the vehicles coming from that direction could grow at a very rapid speed.

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