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(영문) 서울중앙지방법원 2015.11.05 2015고합472
교통사고처리특례법위반
Text

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

Reasons

1. The Defendant is engaged in driving of a car with Dtech.

On January 22, 2015, the Defendant driven the above vehicle around 06:35, and proceeded along three lanes between the five-lanes in order to move ahead of the running route in Gangnam-gu Seoul Metropolitan Government at night, Seoggro, and the four-lanes in way to the Sugrgro.

At night, the front door is located near the private street intersection, and the traffic of people is frequent. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front door and the steering gear.

Nevertheless, the Defendant neglected to perform the duty of front-way care in accordance with the front line of the front line, and caused the body e (ma, 58 years old) of the victim E (ma, South) crossing the road to the right side from the left side of the front line due to the negligence of not operating the steering direction and brake system properly.

On January 22, 2015, the Defendant caused the victim to die due to brain side in Samsung Seoul Hospital located in Gangnam-gu Seoul on January 22, 2015.

2. The driver of a motor vehicle shall not be deemed to have a duty of care to perform his/her duty of care to the extent that he/she could avoid the result in preparation for an occurrence of an ordinarily foreseeable incident, and shall not be deemed to have a duty of care to prepare for an occurrence of an occurrence of an ordinarily unexpected incident;

(1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is difficult to deem that the Defendant was negligent in failing to exercise its duty of care to prevent accidents, as stated in the above facts charged.

① At the time of the instant accident, the new wall was installed before sunrise, and the victim was on the examination color.

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