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(영문) 서울북부지방법원 2017.10.31 2017고합287
교통사고처리특례법위반(치상)
Text

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

Reasons

1. The summary of the facts charged is the person who is engaged in driving a freezing vehicle E.

On December 9, 2016, the defendant, around 03:42 on December 9, 2016, driven the Changdong and Underground Road in front of the Dobong-gu Seoul Metropolitan Government F, by the two-lanes between the two-lanes in the direction of the flow distance from the bank of the Dobong-gu Police Station.

At the time, there was a milch, and there was a crosswalk and a intersection in the front section, so there was a duty of care to reduce the speed for those engaged in driving business and to prevent accidents by checking well the ebbbbrance, ebbr, and rain.

Nevertheless, the Defendant did not discover the victim G(45 years old) at the end of the above underground vehicular road due to negligence when he neglected the duty of the front-way in the speed of about 55 to 70 km of speed, and did not find the victim G(45 years old) at the end of the above underground vehicular road, and shocked the victim by the front driver.

Ultimately, the Defendant suffered injury among brain damage that requires treatment for more than six months due to occupational negligence as above.

2. The defendant and his defense counsel could not be anticipated to have a victim on the underground roadways that only the defendant and his defense counsel can move along. At night, the court could not avoid shocking the defendant by discovering the victim who had clothes from the court at night.

Therefore, there is no breach of duty of care for the defendant.

3. Results of the jury verdict - Three persons guilty: Four persons.

4. Determination

(a) In light of the following: (a) The point where an accident occurred is the end of the underground roadway through which only vehicles can pass; (b) the road has a central separation stand and a rail installed on the roadway; and (c) the road is not installed at the crosswalk at the point where the accident occurred among the front intersection of the area where the accident occurred; and

It is difficult to expect.

The decision is judged.

B. In addition, at night, the victim, as at the time, was placed in the center of the two-lanes of the two-lanes of clothes in which the victim was under the body of the victim, and the two-lanes of the two-lanes, and the defendant was under the ground roadway.

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