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(영문) 청주지방법원 충주지원 2018.04.04 2016고정97
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaged in driving C-car (hereinafter “Defendant vehicle”).

On June 18, 2015, the Defendant driven the Defendant’s vehicle at around 08:30 on June 18, 2015, and driven the Defendant’s agricultural road in front of the Shinyang-ri, the front of which, in the moral sense of Goung-gun, is driving from the Doro-ri Village to the Space Aviation Center at approximately 85km/h.

It shall be the length of a remote distance in which traffic signals are not installed.

In such cases, drivers shall accurately operate the steering system, brakes, and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner as to inflict any danger and disability depending on the surrounding conditions and the structure and performance of the vehicle, and have the duty of care to prevent accidents in advance by safely driving the vehicle, such as by reporting the course of the front and the surrounding areas well and observing the speed limit.

Nevertheless, the Defendant neglected this and continues to stop without violating the speed limit, and the victim D (56) driven by the left side of the vehicle driving on the left side of the vehicle of the Defendant, taken the front side of the vehicle of the Defendant, and suffered injury, such as the 3rd pressure pressure, which requires approximately eight weeks of treatment (hereinafter “instant accident”). On February 2, the Defendant asserted that the instant accident occurred at the time and place indicated in the foregoing facts charged, but the Defendant did not drive the vehicle of the Defendant beyond the speed of 20 kilometers per hour at the time of the accident.

The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence with probative value, which leads a judge to have such convictions as to the extent that there is no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree of such conviction, the defendant’s assertion or defense is inconsistent or unreasonable.

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