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(영문) 대구지방법원 2016.08.11 2015고단6442
교통사고처리특례법위반
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

The defendant in the factory room is a person who is engaged in driving a d'hurd vehicle.

On October 6, 2015, the Defendant driven the above car at around 12:10, and driven the two-lane road in front of the FJE in Daegu-gu, Daegu-gu, along the speed of about 30km in speed from the fair four-distance to the intersection distance.

At the time, other vehicles were stopped and stopped, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle driver.

Nevertheless, the Defendant neglected to do so and neglected the duty of care on the left side of the front bank and the left side, and failed to discover the bicycle driven by the victim G (74) who driven a road between the vehicles parked on the right side from the left side of the running direction of the Defendant, and caused the damaged bicycle to go beyond the road.

Ultimately, the Defendant caused the death of the said victim by occupational negligence by cerebral cerebral cerebrovascular in the Daegu-gu, Daegu-ro 130, where the said victim was under the after-sale treatment on October 6, 2015.

As long as a driver who operates a road on the market has trusted the other party traffic-related women to comply with all traffic laws and regulations and operated based on such trust, he/she shall not be held liable for the driver's breach of his/her duty of care.

However, such a principle of trust is excluded in cases where there are special circumstances in which a person involved in traffic cannot be trusted to drive or walk on a motor vehicle in compliance with all road traffic-related laws and regulations (see Supreme Court Decisions 2002Do4134, Oct. 11, 2002; 2010Do4078, Jul. 29, 2010, etc.).

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