(영문) 대구지방법원 2013.12.05 2013노1750 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.12.05 2013노1750

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is that the victim's statement that the bus the victim was on board did not immediately operate to avoid the Defendant's driver's vehicle is not reliable, and that the victim suffered an injury therefrom is not reliable.

The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of the legal principle, even though there is no causation between the accident and the injury suffered by the victim.

2. Determination

A. The summary of the facts charged in the instant case was around 13:30 on August 31, 2012, the Defendant: (a) driven a rocketing car and turned the intersection from the north-gu, North Korea at the port to the intersection of the Library at the speed of about 16 kilometers a speed of 16 kilometers a two-lanes between the two-lanes.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal signal marking from the side of the straight hospital at the same speed, while the E-city driven by D(57 years of age) running along the intersection in accordance with normal signals from the left side side of the bathing beach at the same speed, found and avoided the vehicle from the same direction toward the same direction, while driving by the E-city driven by D(57 years of age) who opened the intersection in accordance with normal signals from the right side of the north side of the port side of the road at the same speed.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the salt and tension of the tropists requiring two weeks of medical treatment to F (the age of 16, South) who is the passenger of the above city bus.

B. The lower court’s determination shall be based on all the evidence as indicated in its judgment, and the facts charged in this case.

유사 판례

-대구지방법원 포항지원 2013.05.22 2012고정682

-광주지방법원 2016.10.26 2016가단513154

-의정부지방법원 고양지원 2014.09.18 2014고정943

-청주지방법원 2018.12.20 2018고단1842

-대구지방법원 김천지원 2013.05.15 2013고단244