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(영문) 서울중앙지방법원 2018.05.17 2018고단1518
교통사고처리특례법위반(치사)
Text

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. The Defendant is a person who is engaged in driving of the EAW test.

On June 20, 2017, the Defendant driven the above car at around 23:30 on June 20, 2017, and led to a speed of about 96.741km at about 306 km in the direction of the Busan City on the Gyeong-gu Busan at the time of the petition of the Chungcheongbuk-gu.

At night, the defendant, who is engaged in driving duty of a motor vehicle, had a duty of care to prevent accidents by accurately manipulating the steering and brakes and accurately.

Nevertheless, the Defendant neglected to do so and neglected his duty on the front bank, but was negligent in neglecting his duty on the front bank, and was in a single accident on the front bank.

F Launa vehicle discovered the Fstuna vehicle and proceeded with the first lane and the second lane without bypassing it, the driver G (36 Do, South) used on the right side of the said rocketing vehicle was assigned to the front wheels of the driver's seat of the Defendant vehicle.

Around June 21, 2017, the Defendant had caused the death of the victim due to the diversative long-term damage, etc. in the hospital of the Chungcheongnam-do University on the same occupational negligence.

2. The driver of a motor vehicle driving on an expressway does not have a duty of care to drive the motor vehicle while preparing for measures, such as rapid stopping, in order to prevent a collision with pedestrians, by predicting that there is a pedestrian driving on the expressway or crossinging the expressway, except in extenuating circumstances. However, if the driver was in a situation in which he/she could anticipate pedestrian in advance at a considerable distance, and if he/she immediately renders measures, such as speeding and rapid driving, etc., he/she may be found to be negligent by the driver of the motor vehicle, unless there are special circumstances that he/she could avoid collision with the pedestrian (see Supreme Court Decision 200Do2671, Sept. 5, 200).

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