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(영문) 의정부지방법원 2016.10.28 2015고단4119
교통사고처리특례법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person engaged in the business of driving bicycles in the instant charges.

On June 2, 2015, the Defendant, around 21:03, was proceeding at a speed from the right side to the right side of Hanjin-gu, Gyeongcheon Civil Park near the 22nd-gu, Magcheon-do.

In such a case, a bicycle driver had a duty of care to safely drive the front left well and prevent the accident by safely driving it.

Nevertheless, the Defendant neglected this and neglected to take a ice case, which is a human body part, which goes on the right side from the left side of the running direction beyond the yellow domin line of the central line, and went beyond the front wheels of the bicycle.

Ultimately, at around 17:00 on June 21, 2015, the Defendant caused the death of the victim at the Hanyang University Hospital, which was located in Mari-si, Mari-si, 153, due to the foregoing occupational negligence.

2. According to the statements made by the judgment witness D in this Court, the actual condition of traffic accidents, and the statement in the traffic accident appraisal report, the victim at the time recognized the fact that the center line of the oars-on-line kept in the center of bicycle riding is considerably above the center line of bicycle riding and collision with the bicycle, while driving on bicycle riding from the opposite direction of the bicycle driving by the Defendant.

In addition to the following circumstances, it seems that at the time, the Defendant was unable to expect that the victim, who was in the Rain case, would enter the direction toward his own course beyond the central line, and therefore, it was impossible to avoid the collision.

In other words, the speed of the bicycle driven by the defendant at the time seems to have been more than the speed of 20 km per hour, and the accident site at the time was secured due to the fact that the accident site was not so gat.

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