(영문) 청주지방법원 2012.12.27 2012고정650

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(영문) 청주지방법원 2012.12.27 2012고정650

교통사고처리특례법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person driving a vehicle owned by D for the use of EM520.

On 18:40 on 23:20 on 18:10 on 2012, the Defendant driven the above vehicle and brought the vehicle back at the speed of speed from the speed to the speed of speed at the top of the speed in the direction of the stop of the terminal, the Defendant had a duty of care to drive the vehicle safely while accurately operating the steering direction, brakes, and other devices of the vehicle.

Nevertheless, due to the negligence of neglecting this, the victim F, who walked from the right side to the left side of the Defendant’s vehicle, was shocked by the 56 years old, following the Defendant’s vehicle.

Therefore, the victim F suffers injury that requires approximately three weeks of medical treatment due to the eromatic salt, tension, etc.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge not having reasonable doubt that the facts charged are true, to the extent that there is no room for a reasonable doubt, so if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do1716 Decided May 26, 2006, and Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.) B.

In order to park a vehicle behind the Defendant at the time and place indicated in the facts charged, the Defendant put a back-way engine in order to park the vehicle behind the vehicle, followed the bark, and stopped. The Defendant left the front side of the Defendant’s vehicle from the lower side to the hospital, and the victim was only transferred to the hospital, and there was no shocking of the victim, and the victim was flicking the path from the Defendant’s vehicle to vain.

참조판례

-대법원 2006. 5. 26. 선고 2006도1716 판결

-대법원 2007. 11. 30. 선고 2007도163 판결

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