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(영문) 서울북부지방법원 2016.12.16 2016노1634

교통사고처리특례법위반

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The judgment of the court below is reversed.

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

Reasons

1. The instant accident on the grounds of appeal was caused by the victim’s crossing without permission at a place and circumstance where the Defendant cannot at all forecast.

Although the defendant tried to avoid an accident by manipulating hand on the left side as soon as he discovered the victim, he was forced to shock the victim.

The defendant shall not be deemed negligent.

2. Determination

A. The summary of the facts charged is that the Defendant is a person engaging in driving D New Airport buses in the D New Airport.

On February 11, 2016, the Defendant driven a bus on February 22:34, 2016, and led to a four-lane road in front of Jongno-gu Seoul, Jongno-gu, Seoul to proceed at approximately 60km in speed, depending on the three-lanes, from the boundary of the “Class 1 intersection” to the “Class 2 intersection.”

At night, there are many flexible population, and many buses are stopped on the four-lanes of the road, so the driver of the vehicle has a duty of care to check whether there is any person who drives the vehicle to reduce the speed and to check the road well, and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, the Defendant, by negligence, found the Victim F (the age of 26) who was unclaimed on the left side from the right side of the proceeding direction due to the negligence of neglecting the duty of the front-way, and immediately operated the Hand to the left side to avoid this. However, the Defendant did not avoid the situation and did not go beyond the ground by receiving the victim from the fronter of the bus right side of the Defendant.

The Defendant, due to the foregoing occupational negligence, caused the death of the victim due to the cardiopulmonary cerebral cerebrovascular in the middle-gu Seoul Special Metropolitan City, Jung-gu, 2016. < Amended by Presidential Decree No. 22201, Feb. 12, 2016>

B. We examine whether the Defendant was negligent in determining the grounds for appeal of this case.

According to the evidence duly admitted and duly admitted, the following facts are revealed.