[교통사고처리특례법위반,도로교통법위반][공1987.11.1.(811),1599]
The case holding that the driver did not neglect his duty of care as a driver in light of the principle of trust.
As a driver of a vehicle in which the left and front of the two vehicles are straight along with the right-hand and left-hand turn signal, it cannot be said that it is reasonable for the pedestrian to trust that the pedestrian would not walk the crosswalk because the signal on the crosswalk is stopped on the opposite side while the signal on the crosswalk is red, and that the pedestrian should fulfill his/her duty of care because it is anticipated that it would not cut the crosswalk, and even if the driver was negligent in proceeding more than the speed without a license, such error cannot be deemed to have caused the accident.
Article 268 of the Criminal Act
Defendant
Prosecutor
Busan District Court Decision 86No1006 delivered on April 23, 1987
The appeal is dismissed.
We examine the grounds of appeal.
Examining the judgment below in light of the records, the court below's decision is just and acceptable, and there is no error in the misapprehension of legal principles, such as the theory of lawsuit, on the premise that even if the defendant was negligent in proceeding more than the speed limit without a license, it cannot be deemed that such error was the cause of the accident of this case, on the premise that the court below's decision maintained the first instance judgment, and that there is no error in the misapprehension of legal principles, such as the theory of lawsuit, on the premise that it is not appropriate in this case.
Ultimately, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.
Justices Choi Jae-ho (Presiding Justice)