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(영문) 대전지방법원 2017.06.28 2017고단1353
교통사고처리특례법위반(치사)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who is engaged in driving a Crane car.

On September 11, 2016, the Defendant driven the above car at around 27, 2016, and driven the four-lane E in front of the Daejeon Dong-gu, Daejeon, with one-lane off from the seat of the rooftop to the seat of Daejeon, the Defendant proceeded at a speed of about 96km per hour.

Since the location is a road with a speed of 70 km per hour, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to observe the speed limit, to carefully see the right and the right and the right and the right of the motor vehicle, and to accurately manipulate the steering gear and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 26 km, and received the right side of the Victim F (F, South 59 years old) driving G bargaining car (hereinafter “victim”) in the ben of the Defendant’s driving car as the front part of the Defendant’s driving car.

As a result, the Defendant caused the death of the victim in the luxin Hospital, which was located in Daejeon-gu, Daejeon-ro, Daejeon, on September 8, 2016 due to the foregoing occupational negligence, caused the death of the victim due to the luxation of cage at the luxa Hospital, which was located in Daejeon-gu, Daejeon-ro.

2. Determination

A. The driver of a vehicle who operates a private-distance intersection along a green light, in which traffic is controlled by signal lights, etc., shall, barring any special circumstances, be sufficient when other vehicles are believed to observe the traffic laws and regulations and take appropriate measures to avoid collisions, and there is no duty of care to take special measures to prevent the occurrence of accidents as a result, even when other vehicles are expected to leave the front of the vehicle in which the vehicle in question is in violation of the signal, and to take special measures to prevent the occurrence of accidents (see, e.g., Supreme Court Decision 89Do1774, Feb. 9, 190). In addition, if one driver is proceeding with the speed limit, he/she shall avoid collision after finding that the victim is ped by him/her.

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