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(영문) 서울남부지방법원 2018.02.21 2017고합151
교통사고처리특례법위반(치사)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving a car at the D horse.

On December 25, 2016, the Defendant driven the above car around 17:48, and driven the front road of Geumcheon-gu Seoul Metropolitan Government E along the two-lanes between the three-lanes in the direction of the Roman distance.

At the time, there was a time that pedestrians passed, and there was a three-lane road in the vicinity of the road, and thus, the driver of the motor vehicle has a duty of care to take care of the person who is engaged in driving the motor vehicle to reduce speed and to see well the right and the right of the road, and to safely drive the steering gear and the operation of the steering gear in a correct manner, and to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not look at whether there is a person on the front side, and instead proceeded to the right side from the left side of the moving direction to the right side, thereby obtaining the victim F (66) from the front side of the said car to go beyond the floor.

Ultimately, around December 25, 2016, at around 20:45, the Defendant caused the victim to die due to the above occupational negligence, such as damage to the chest father’s blood transfusion from the hospital of Korea University Medical Center in Guro-ro, Guro-gu, Seoul, Guro-ro, Dong-ro, 148.

2. 피고인 및 변호인 주장의 요지 피고인은 차량을 운전함에 있어 전방 주시의무 등을 다하였음에도, 해질 무렵에 반대편 도로에 차량들이 전조등을 켠 채 신호 대기하고 있는 상황에서 피해자가 갑자기 반대편 도로에 있는 차량들 사이에서 중앙선을 넘어 뛰어 나오는 바람에, 피해자를 발견하고 즉시 제동하였지만 사고를 피할 수 없었다.

Therefore, there was no possibility of predicting and avoiding the accident of this case.

3. Determination

A. The evidence duly adopted and examined by this court is alone based on the evidence submitted by the prosecutor.

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