교통사고처리특례법위반(치사)
The defendant shall publicly announce the purport of judgment of innocence.
1. The summary of the facts charged is the driver of the city bus (emergency 5) in fishing to B New Schlage.
On March 13, 2018, around 22:04, the Defendant operated a two-lane road in front of the C building at the time of Busan Metropolitan City, in the front of the D school, from the front door of the D school to the flat-hurbing plane.
Since there are lots around the crosswalk near the university, the driver of any motor vehicle has a duty of care to accurately operate the steering gear, brakes, and other devices of the motor vehicle and not to drive the motor vehicle at a speed or in a manner that may endanger and interfere with others according to the traffic situation of the road and the structure and performance of the motor vehicle.
Nevertheless, due to the negligence of the progress, the victim E (the age of 19) who was crossing the road from the right side of the mashed course to the left side of the road, and the victim E (the age of 19) was collisioned with the next wheels part.
As a result, the victim suffered an external blood reduced amount due to the blood transfusion in the duna basin and caused the death of the victim at 23:53 on the same day.
2. Determination
A. A driver of a motor vehicle in a related legal doctrine has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is difficult to expect and 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.
In other words, insofar as a driver who operates a road is reliance on the other party's compliance with all traffic laws and regulations and operates the road based on such trust, the driver cannot be held liable for breach of duty of care. However, the above principle of trust is excluded in cases where there are special circumstances in which the other party's involvement in the traffic cannot be trusted that the other party's operation of the vehicle or walking along the vehicle is in compliance with all traffic-related laws and regulations (see, e.g., Supreme Court Decisions 2002Do4134, Oct. 11, 2002; 2002Do4134, Jul. 29, 2010).