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(영문) 의정부지방법원 2020.08.10 2020고단1392
교통사고처리특례법위반(치사)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a passenger car B with the highest bid.

On September 21, 2019, the Defendant driven the said car on September 21, 2019, and continued to drive the said car along the three-lane road in front of C at the southyang-si along the three-lane from the selling side.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by properly operating the steering gear and steering the steering gear and steering the steering gear.

Nevertheless, the defendant neglected his duty at the front of the driver's vehicle and went into the front part of the passenger's vehicle with the victim D who crosses the road to the right side from the left side of the defendant's running.

Ultimately, at around September 14:17, 2019, the Defendant caused the death of the said victim by occupational negligence, such as brain injury, etc. at the F Hospital located in Seongbuk-gu Seoul Metropolitan Government E.

2. Determination

(a) The driver of a motor vehicle shall not be deemed to have a duty of care to the extent that he/she could avoid the result of the occurrence of an occurrence of an exceptional situation which is not expected and difficult to anticipate and prepare for it in preparation for an ordinary predicted situation;

(See Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.). B.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant was unable to expect the victim to go back to the front line by crossing the opposite line without permission, and the evidence submitted by the Prosecutor alone was negligent in performing his duty of care to prevent accidents, as stated in the facts charged.

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