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(영문) 부산지방법원 2017.05.18 2016고단7270

교통사고처리특례법위반(치사)

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving the D-U-Tit bus 8-1 time in Busan Northern-gu.

On October 04, 2016, the Defendant driven the above bus around 08:05, and driven the road of three-lanes of the bus stops in front of the Hongcheon-dong, Busan, Seocheon-gu, Seocheon-gu, Busan, at the speed of about 30 km from the Guro-gu, Hongcheon-do, in accordance with the first lane, which is an exclusive bus-only lane from the Guro-do.

At this point, there was a crosswalk in which signal lights were installed, and the automobile driving signal was green, and at that time, there was a lot of passage for people, so in this case, there was a duty of care to reduce speed and to prevent accidents in advance by driving safely while driving a motor vehicle with a duty of care.

그럼에도 불구하고 피고인은 이를 게을리 한 채 속도를 줄이지 않고 그대로 진입한 과실로, 보행자 신호 적색에 횡단보도를 우측에서 좌측으로 횡단하던 피해자 E( 여, 58세) 을 뒤늦게 발견하고 급제동하였으나, 미처 피하지 못하고 피고인이 운전하던 위 버스의 오른쪽 전조등 윗부분으로 위 피해자의 머리 부분을 들이받아 땅에 튕겨 져 나가게 하였다.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim who was receiving medical treatment at the Busan-do Busan-gu Busan-do Busan-ro, 75 (Gain-dong), around October 4, 2016, due to low blood transfusion shocks, etc.

2. In the occurrence of a traffic accident, in case where it is reasonable to believe that there is no abnormal behavior in light of the overall circumstances at the time when the abnormal behavior, such as the violation of traffic laws and regulations, etc. by the victim or by a third party, the responsibility of the public operator or the driver of the harming vehicle shall be denied unless there is no violation of traffic laws and regulations which caused the accident.