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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant is a person engaged in driving a B-to-purd passenger vehicle; (b) around 01:50 on October 9, 2017, driving the said vehicle; and (c) driving the front road of Gangnam-gu Seoul Metropolitan Government along the front of the vehicle at the speed of about 86.6 km along the two-lane distance from the edge of the T-to-pular street.
At the time, it is night and its restricted speed is 60 km per hour, so it was a duty of care to prevent accidents by thoroughly operating the driver, complying with the restricted speed and operating the steering system accurately.
Nevertheless, the Defendant neglected this and found the victim D (the age of 42) who crosses the crosswalk from the left side of the direction to the right side while leaving the speed exceeding 26.6 km per hour, and was the victim due to the front part of the car driven by the Defendant.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the left-hand 24 weeks of medical treatment, cutting down the pellet, cutting down the closed pellet, and cutting down the body of the non-permanent body.
2. Determination
A. The Defendant’s over-speed denies the charges by asserting that the investigative agency did not have any over-speed more than 20 km than the speed limit from the time to the court of the instant case, and thus, this is examined.
According to the traffic accident analysis report (2j), among the evidence submitted by the prosecutor, the running speed of the said vehicle at approximately 31.9 to 102.0 meters away from the intersection of the accident point is calculated at approximately 82.1 to 87.3km at the time of approximately 82.3km. However, the above speed is merely a presumed figure with reference to the video screen, so it can be corrected at the above analysis report; the running distance applied in the above speed calculation process is a result of observing the real-time image of CCTV and measuring the location of the CCTV.