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(영문) 대전지방법원 서산지원 2014.08.29 2013고단862
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a vehicle Crails (hereinafter referred to as “Defendant Vehicle”).

On February 20, 2013, around 01:22, the Defendant continued three-lane roads 264.4 km away from the Western-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul to a speed of about 86-87 km at a speed of 86-87 km from Seoul to the breade.

At the same time, D, which had been going ahead of the Defendant at night, was driving EWz CSSS car (hereinafter referred to as “one vehicle”), and the victim F (35 years of age), was driving on the road by taking the part before the right side of the said benz car as the front side of the said benz car and the rear side of the vehicle, and D took an accident such as causing the other driving vehicle to scam on the front side of the accident and scam off the scam at the rear side of the accident site, and thus, the driver of the motor vehicle was obliged to pay a duty of care to safely drive the motor vehicle by reducing speed at the accident site and changing the car line.

Nevertheless, the defendant did not properly state the front side and did not properly cope with the above traffic accident situation, and caused the victim to face the front side of the driver's car.

Ultimately, the Defendant caused the victim's death by occupational negligence as seen above, in the same manner, to a multiple fluence.

2. Determination

A. The Defendant asserts that the victim’s death is highly likely to have died due to the shocking of the victim by the first vehicle, and that there is insufficient evidence to prove that the Defendant’s vehicle caused the victim’s death due to the excessive accident.

B. The negligence of a person who causes a subsequent traffic accident, where it is not revealed that the cause of the prior traffic accident and the subsequent traffic accident led to the death of the victim.

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