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(영문) 서울남부지방법원 2012.04.20 2011고단3236
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a rocketing taxi.

At around 02:00 on August 10, 201, the Defendant, while driving the above taxi along the south cycle of 124 Li-dong, Guro-gu, Seoul, and driving the said taxi at about 75 km in speed from the Gu to SiririIC along the two-lanes of the 3-lane road from the Gu-ro to SiririIC. At the time, the driver of the vehicle is at night, and the driver of the vehicle is at night, and there are several rains. Therefore, the Defendant neglected to take care of the duty of care to reduce speed and drive the road on the right side of the above cab, while he neglected to take care of the duty of care to show well the right side and safely, caused the victim's (38 years old) who crossed the road without permission from the right side of the cab to the port side of the above cab to the upper part of the victim's D (38 years old) to go beyond the floor.

As a result, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of Guro-gu Seoul Metropolitan Government due to cerebral injury in the emergency room of the hospital around 02:29 on the same day.

2. Determination

A. According to the records, the following facts can be acknowledged.

1) At the time of the instant accident, the Defendant, as a taxi engineer, proceeded at a speed of about 75 km per hour on the three-lanes in the instant accident site in order to load F at the Busan Hyundai Department Store at the time of the instant accident, and go to a string station at a speed of about 75 km per hour. 2) The victim, at the time of the instant accident, was crossing the road on the site of the instant accident to the left side at the time of the instant accident.

(3) The Defendant did not discover the victim at the scene of the instant accident and continued without finding the victim’s body, and the Defendant stopped after shocking the part of the victim’s bridge. The victim died due to brain damage by falling on the road due to its shock. 4) The location of the instant accident is the place where the instant accident occurred.

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