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(영문) 서울동부지방법원 2015.12.18 2015노1000
교통사고처리특례법위반
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal (fact-finding or misunderstanding of legal principles) is a traffic accident where a house conflicts with each other, and the principle of trust is not applied, and the fact that the Defendant’s driver’s vehicle entered the intersection is not sufficient to deny the negligence. Thus, the judgment of the court below which acquitted the Defendant of the facts charged on the premise that the accident occurred due to the other driver’s unilateral negligence, is erroneous in misapprehending the legal principles or misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is a person who is engaged in driving the K Kakn-Engine car (hereinafter “instant car”).

On November 20, 2014, the Defendant driven the above car on the 14:58th day of November, 2014, and led to the rapid speed of the city in the direction of the JJ in the direction of the ridge.

In such a case, the driver has a duty of care to confirm whether another vehicle has entered the intersection and safely enter the intersection by properly examining the previous bank and the left and right before entering the intersection.

Nevertheless, the Defendant neglected this and proceeded without temporarily suspending prior to the entry into the intersection, and caused the front part of B Operation, which is 124cc c c lebsc lebs, going from the direction of the direction of the direction of the ethic head from the ethic head to the ethic head of the ethic head of the instant vehicle (hereinafter “the ethic head of the instant vehicle”), thereby falling off the victim I (15 years old) who is the ethic head of the instant vehicle, to the floor.

Accordingly, the Defendant caused the death of the victim at the National University Hospital located in Gwangjin-gu, Seoul Special Metropolitan City at around 22:30 on the same day due to the above occupational negligence by brain side, etc.

B. The lower court’s judgment is based on evidence.

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