On August 4, 2015, the Defendant driven an above cargo vehicle around 23:00, and proceeded along two lanes in Seoul from the Chuncheon to the entrance distance of the Jinan-dong village in South-si, Namyang-do.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating steering steering devices, brakes, etc. and safely driving them.

Nevertheless, the Defendant neglected this and found the victim E (59) who was moving on the right side from the left side of the direction of the defendant's course to the right side by the negligence of the defendant's failure to stop, and was placed at the right side of the defendant's cargo vehicle. However, the defendant was able to avoid this, but was able to receive the victim from the front side of the defendant's cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to brain injury at the above place around August 4, 2015 at around 23:26, by occupational negligence.

Judgment

Unless there are special circumstances, a driver of an automobile driving on an exclusive road has no duty of care to drive his/her automobile when preparing for a vehicle so that pedestrians who are crossing the road without permission may stop rapidly, barring any special circumstances. Therefore, in cases where an accident occurred due to the unauthorized crossing of the road or the shock of the victim who is sitting on the road, he/she is negligent in neglecting the duty of care to the driver of the automobile, unless there are special circumstances, such as the occurrence of the accident, because he/she was driven without accurately operating the steering gear, brake and other devices of the vehicle, even though he/she could immediately stop without collision with the victim if he/she was able to do so, or even if he/she was able to avoid it in another place.

section 3.2.