(영문) 창원지방법원 마산지원 2015.01.28 2014고단1110

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(영문) 창원지방법원 마산지원 2015.01.28 2014고단1110

교통사고처리특례법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 20:45 on September 26, 2014, the Defendant driven a CNFIH vehicle and proceeded about about 4-50 km in the speed from the back of the export to the fish market along the four-lane way in front of the EMW D in Changwon-si, Changwon-si.

In such cases, there was a duty of care to check whether a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether he/she is a person who gets on the front side and right side.

Nevertheless, the Defendant neglected this and proceeded without examining the front properly, and thereby, got the victim F (35 years old) who was fright from the left side of the vehicle of the Defendant to the right side of the road in the direction of the vehicle of the Defendant.

Ultimately, the Defendant caused the death of the Victim F by occupational negligence, which caused the death of the Victim F due to severe cerebral cerebral cerebral typhism and typopic typosis in the G Hospital’s Ginaeaea, which was being treated after 20:51 on September 30, 2014.

2. In light of the following circumstances revealed through the records of the instant case, it is difficult to view that the evidence alone submitted by the prosecutor alone that the Defendant had a duty of care to drive a motor vehicle without permission between the vehicle and the vehicle in the signal waiting at the two and three lanes as in the instant case, as the person driving the motor vehicle, that is, the motor vehicle as described in the facts charged, with respect to the instant accident.

① At the time of the instant case, there was street lamps at around 20:45, but it was Supper.

② On the road in which the instant accident occurred, a four-lane road in which the two-lanes and one-lanes and the two-lanes did not have any particular vehicle. However, the two-lanes and the three-lanes were waiting for straight-on signals in accordance with the signals, such as the signal at the front line.

(3) Provided, That it shall be

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