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(영문) 광주지방법원 2013.07.18 2012고단6563
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

The Defendant, at around 01:30 on November 15, 2012, driven CK5 car and proceeded one lane from the 55.9km away from the west-gun, Young-gu, Yong-nam, to the breath of the west Coastal Expressway, which is in the west-gu, west-gu, Gyeongnam-gun, to the breath of the boom. In such a case, the Defendant had a duty of care to prevent accidents by maintaining the safety distance as a person driving a motor vehicle and driving the motor vehicle safely while keeping the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant did not find out that the EM5 car of D Driving, which was proceeding in the Mad Driving Station due to occupational negligence, did not stop by shocking the central separation zone, and received the victim F(34 years of age) from the head of the above K5 car operation as the front part of the above K5 car in order to cope with the accident, and caused the victim to go beyond the road floor.

After all, the Defendant, by occupational negligence, caused the victim to die with the symptoms of low-blood shock in accordance with the diversical joints of 02:20 on the same day while he/she was receiving treatment at a H hospital located in the Southern-gun G in the Nam-gun of the Republic of Korea.

Judgment

The driver of a motor vehicle driving on an expressway has no duty of care to drive the expressway in preparation for taking measures, such as rapid stop, in order to prevent any collision with pedestrians, by predicting that there is a pedestrian who passes the expressway, even in general.

However, even if a driver caused an accident by shocking a pedestrian crossing on an expressway, he/she may be found by the driver of the motor vehicle, only if it is deemed possible for the driver to anticipate the unauthorized crossing of the pedestrian at a reasonable distance, and if he/she was to immediately reduce the collision with the pedestrian or immediately drive the motor vehicle, etc. accordingly, the driver of the motor vehicle may be found by his/her fault, only in extenuating circumstances, such

Supreme Court Decision 200Do2671 Decided 05, 20000Do2671.

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