(영문) 서울중앙지방법원 2014.11.28 2014고단6759

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(영문) 서울중앙지방법원 2014.11.28 2014고단6759

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

On July 18, 2014, the Defendant driven the said car at around 20:36, and led the road of five lanes in front of 654-1, as Seoul Dongjak-gu Seoul Metropolitan Government, to proceed at about 50km in speed from the border distance to the large ginseng distance.

At the time, there was a duty of care to look at the front side for a person engaged in driving of a motor vehicle at night, and to prevent the accident in advance by safely driving according to the traffic signal.

Nevertheless, the defendant did not neglect this and did not discover the victim D (D, 39 years of age) who was crossing the right from the left side of the road due to the negligence that did not properly look at the front side of the road, and had the victim go beyond the ground after receiving the victim's abstin from the passenger car.

Ultimately, around July 27, 2014, around 16:11 on July 27, 2014, the Defendant caused the death of the victim due to multiple cerebral cerebral cerebral cerebral cerebral cerebral cerebrala in the Gangnam-gu Seoul Metropolitan Government New-ro Hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The actual condition survey report;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. The defendant and defense counsel on the argument of death diagnosis report and autopsy report asserted that the accident of this case is not attributable to the failure of the defendant to neglect the front-time, but due to the force majeure of the victim's own crym signals on pedestrian color signals, so it cannot be viewed that the defendant was negligent in light of the principle of trust.

According to the records, the fact that the accident of this case occurred in a two-lane while the victim crosses the vehicle from the left side of the defendant's vehicle to the right side (if the bus exclusive lanes are excluded, it is limited to one-lane between four lanes) on the other side of the defendant's vehicle.

However, according to the above evidence, the accident of this case is examined.

유사 판례

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