On August 22, 2017, the Defendant driven the above vehicle on August 22, 2017, and driven the road of five lanes in front of the international passenger terminal in Busan East-gu, Busan-do, which is located in 206, at the end of Busan-do, toward about 61.9km from the port of Busan to the port of Busan-do.

At the time of night, there was a duty of care to prevent accidents in advance by taking into account the front door and the left and right of the person engaged in driving business in such a case.

Nevertheless, the Defendant neglected to do so and proceeded as it was, while finding out the victim E (68) who was crossing the road on the right side from the left side of the proceeding direction to the right side, but did not avoid it, and the Defendant was completely victims of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as cutting the pelvis at the Busan National University Hospital, which was under the treatment of the victim after around 23:13 on the same day.

2. The driver of the judged motor vehicle has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is not anticipated ordinarily by fulfilling his/her duty of care to the extent that he/she could avoid the result of the occurrence in preparation for an ordinary predicted situation;

In light of the following circumstances acknowledged by the evidence examined by the court, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the instant accident occurred due to the Defendant’s occupational negligence, and there is no other evidence to acknowledge it otherwise.

① On August 22, 2017, the time of the instant accident was around 21:53, street lamps were turned on the side of the road, but it was very fast, and the location of the accident was installed at the central cost of separation.