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(영문) 부산지방법원 2016.10.14 2016고정1039
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. On October 24, 2015, the Defendant, who drives C124cc, driven the above Obane on October 24, 2015, driven the front road located in D, Busan East-gu, Busan, along with a one-lane road from the side of the Seocho-gu, to the Abscin hospital.

In such cases, the driver of a motor vehicle, etc. has a duty of care to safely drive the motor vehicle by reporting the front door and the left and right well.

Nevertheless, the Defendant did not properly go on the front of the road due to the negligence that the Defendant was driving, and the victim F (the age of 46) who was seated on the road was faced with the injury of the Defendant, such as the body felbing No. 4 of the 8 weeks in need of treatment.

2. Determination

A. The defendant asserts that the defendant found the victim at the time and place specified in the facts charged in the instant case and changed the direction thereof rapidly. The defendant asserted to the effect that Obama was used on the road, and that Obama only went beyond the victim's side, and that Obama did not have any shockion of the victim.

B. According to the evidence submitted by the Prosecutor, it can be acknowledged that the victim suffered injury in need of approximately eight weeks of medical treatment due to the accident at the time and place indicated in the facts charged in the instant case.

However, in full view of the following circumstances that can be recognized by the records of this case, it is insufficient to view that the injury suffered by the victim was proven without reasonable doubt that the injury was caused by the Defendant’s vehicle and the vehicle driven by the Defendant, and there is no other evidence to acknowledge the injury.

① The victim F stated in the investigative agency and the court that “I am on the road on which I am a taxi, but I am unsatisfy,” and the victim F am unsatisfying about the traffic accidents and sea-going vehicles that I am unsatisfy.”

(2) G a witness at an accident site shall be present in this court.

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