beta
(영문) 서울중앙지방법원 2019.05.01 2018고단2498

교통사고처리특례법위반(치사)

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

The summary of the facts charged is the defendant who is engaged in the business of driving B route bus vehicles.

On February 15, 2018, the Defendant driven the above vehicle around 18:30 on February 15, 2018, and driven the front road of the fourth stop of the Seoul Southern Station at the speed of approximately 45km per hour in the direction of mountain in the direction of a salt tent.

In such cases, drivers engaged in driving service have a duty of care to prevent accidents by properly manipulating the front side and the left side and the left side, and the brakes, etc.

Nevertheless, the defendant's negligence in breach of the above duty of care led the victim C (the age of 45) crossing the road from the right side of the defendant's vehicle to the left side of the road.

Ultimately, at around 12:20 on March 14, 2018, the Defendant caused the victim to die with dypal cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala in the E Hospital located in Jongno-gu Seoul, Jongno-gu Seoul.

The defendant and defense counsel's assertion and judgment

1. The place of the alleged accident is the central bus exclusive lane located at 11-lanes among the 21-lanes. Thus, the Defendant could not at all expect the occurrence of the victim, who crosss without permission.

In addition, at night, the Defendant was at night, and the Defendant was in compliance with the speed limit, so it cannot be deemed that there was any negligence in the instant accident.

2. Legal principles and determination

A. The driver of a motor vehicle has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is difficult to anticipate, by performing his/her duty of care to the extent that he/she could avoid the outcome in preparation for an ordinary predicted situation.

subsection (3) of this section.

(Supreme Court Decision 85Do833 delivered on July 9, 1985). A driver who operates a road is obliged to pay a duty of care to the driver as long as he/she trusted the other party to comply with all traffic regulations and operates the road on the basis of such trust.