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(영문) 서울동부지방법원 2015.05.01 2014노1864
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is about 04:30 on October 8, 2013, a collision between the truck driven by the Defendant and the vehicle driven by E (hereinafter “instant accident”) on the three-lane north of the riverside of the same zone from the Sung River basin on the surface of the same zone (hereinafter “instant accident”) is due to the Defendant’s negligence in the course of business, in which the truck driven by the Defendant and the vehicle driven by E are not at a speed at night at night, but at night at night at night, due to the Defendant’s negligence in the operation of the front bank, and thus, the judgment of the court below which acquitted the Defendant.

2. The Defendant in the facts charged of the instant case is a person who is engaged in driving of CM truck (hereinafter “Defendant vehicle”). On October 8, 2013, the Defendant driving of the said vehicle at around 04:30, and driving the said vehicle at around 04:30, while driving the said vehicle, the Gangwon-do four-lane in front of Seongdong-gu Seoul Metropolitan Government (Seoul), along three-lanes, from the surface of the DM bank to the surface of the DM bank at the speed of about 80km.

At the time, at night and at night, the driver had a duty of care to reduce the amount of 20% higher than the normal speed of 80km (80km/h) (64km/h) and to prevent accidents in advance due to the operation of front-time and devices, but the Defendant was at the speed of about 80 km when driving at a speed exceeding the speed of 80 km without speed, and received the part adjacent to the left side of the victim’s vehicle due to the negligence of finding the victim’s Fspow car (hereinafter “victim’s vehicle”) to change the lane at the front side of the front side of the vehicle.

As a result, the Defendant caused the victim to have cerebral cerebral cerebral Organisms, at the Hanyang University Hospital located 17, Seongdong-gu, Seoul, Seongdong-gu, Seoul, to die with pressure on brain at around 00:30 on the following day.

3. The lower court determined that the prosecutor submitted the facts charged in the instant case in light of the following circumstances acknowledged by the records.

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