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(영문) 창원지방법원 밀양지원 2018.01.11 2017고단514
교통사고처리특례법위반(치사)
Text

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

Reasons

1. The Defendant is a person who is engaged in driving a D low-priced car.

On December 3, 2016, the Defendant was driving the above vehicle at around 22:02, and was driving from around 22:0 to around 5, 200, the national highway No. 5, the national highway No. 1122-14, Gi-ri, Gi-ri, Gi-ri, Gi-ri, Gi-ri, Gi-ri, Ni-ri, Ni-ri, Ni-ri, Ni-ri, Ni-ri, Ni-

At the time of night, the place is a bend and bend, which is installed only on the road facing the street edge, and therefore, in such a case, the driver had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while reducing speed and driving slowly.

Nevertheless, the Defendant, by neglecting the above duty of care by driving around 80 km per hour and neglecting such duty of care, led to the death of the victim E (63) who was under the influence of alcohol in the front direction of the Defendant’s course due to occupational negligence, and caused the death of the victim due to multiple prolonged damage, etc.

2. Determination

(a) A driver of a motor vehicle is satisfied by performing his/her duty of care to the extent that he/she can avoid the result of the occurrence of an ordinary predicted situation, and has a duty of care to prepare for the occurrence of an extraordinary situation which is difficult to expect ordinarily;

In light of the following circumstances, the evidence submitted by the prosecutor alone was proven beyond a reasonable doubt, based on the evidence duly adopted and investigated by the court (see, e.g., Supreme Court Decision 85Do833, Jul. 9, 1985). (b) In full view of the following circumstances, the facts charged was proven beyond a reasonable doubt.

It is difficult to see, and there is no other evidence to acknowledge it.

1) The time of the instant accident indicated in the facts charged (hereinafter “instant accident”) is around 22:02, and the road where the instant accident occurred (hereinafter “road”).

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