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(영문) 창원지방법원 통영지원 2013.08.28 2013고단204
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving C concrete mixtures trucks.

At around 13:40 on December 11, 2012, the Defendant proceeded one way in front of the entrance of the credit-based culture village at the Saeong-gun, Chungcheongnam-gun, Chungcheongnam-do, Ganam-do, at a speed of about 40 km from the saero-Eup to the saero-distance distance from the saero-Eup.

There are one way where the center line of the yellow solid line is installed, and there is a narrow access road that enters the right side of the center for senior citizens to the right side of the defendant's moving direction, and there is frequent passage of pedestrians and otobbb, so the driver of a large vehicle such as concrete mixed truck has a duty of care to confirm the existence of the moving vehicle, such as obba, and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this, while driving the truck on the left side along the center line while driving the truck in the opposite line, and did not find out the 49CC driving in the upper center for senior citizens who want to turn to the left over the center line, and did not proceed with the 49CC driving in the direction of the center for senior citizens, and received the front part of the damaged OCC driving in the front part of the right part of the truck by negligence.

Ultimately, around December 12, 2012, around 23:00 on December 12, 2012, the Defendant caused the death of the victim from an external cerebral cerebral cerebral cerebral cerebral tys at F hospital

2. A motor vehicle driver who operates a road on which a judgment median line is marked along his/her own bus line is generally trusted that the motor vehicle from a marina line will be operated along his/her own bus line. Therefore, barring any special circumstance that may anticipate the abnormal operation of the other motor vehicle, the other motor vehicle is not obliged to pay a duty of care to expect the other motor vehicle to drive the motor vehicle until she intrudes into the median line.

(See Supreme Court Decision 96Da39158 delivered on January 24, 1997). The Defendant is in the occurrence of the instant traffic accident.

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