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(영문) 울산지방법원 2018.10.25 2018고단975
교통사고처리특례법위반(치상)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person engaging in driving a BMW car.

On October 27, 2017, the Defendant driven the above car at around 02:39, and operated the three-lane road above the new Tho-hock Bridge in Ulsan-gu, Chungcheongnam-gu, U.S., on a speed of about 61km from the parallel to the parallel.

At the time of night, there was a duty of care to reduce the speed of a person engaged in driving of a motor vehicle and to properly manipulate the front door and the right and the right and the right of the motor vehicle, and to prevent the accident by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and proceeded as it was due to occupational negligence while driving the otobb on the road without living well, and did not discover the victim C ( South, the 21-year old) and the above otoba D ( South, the 21-year old), which was used on the road after the collision with the central separation unit on the road, and served as the wheels of the car driving by the Defendant.

Ultimately, the Defendant caused the victim C to die at the site due to the high level of damages caused by such occupational negligence, and suffered injury to the victim D, i.e., the victim D’s failure to walk due to all the damage caused by the spread of a plant and the damage caused by the erogical ero

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 recognition of a criminal fact should be based on strict evidence with probative value, to the extent that there is no room for a reasonable doubt by a judge. Thus, the prosecutor’s proof does not sufficiently reach the extent to which the above conviction is given.

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