교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the victim D was waiting in the vicinity of the center line while standing a crosswalk, and the flow of the vehicle was deemed to be the highest; and (b) the accident site is diversified with KTX Station and shopping mall, etc.; (c) the defendant was negligent in performing the general duty of care of the driver of the vehicle and caused the instant traffic accident; and (d) the court below acquitted the charge of this case by misapprehending the legal principles on the principle of trust, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The so-called principle of trust that, insofar as a driver who operates a road in accordance with the relevant legal principles reliances on complying with all traffic regulations and operates it on the basis of such trust, the driver cannot be held liable for breach of duty of care to the driver, as long as he/she operated it on the basis of such trust, shall not be held liable for the other driver’s breach of duty of care to the driver, if there are special circumstances in which the other party traffic controller cannot be trusted that the latter would drive or walk on the road in compliance with all traffic-related laws and regulations, the application shall be excluded (see, e.g., Supreme Court Decisions 84Do79, Apr. 10, 1984; 2002Do4134, Oct. 11, 2002). Accordingly, in this case where the application of the principle of trust is disputed, the prosecutor
B. In light of the above legal principles, according to the evidence duly examined and adopted by the court below and the court below, the time of the accident of this case is about 20:43 and the weather was clear at the time of the accident of this case, the accident site is a prosperity with KTX history and shopping mall, and street lamps are installed, and the victim is waiting in the vicinity of the center line, etc.
(1) However, the instant accident site is set as a eight-lane road from each other, at a speed within the limit of the speed.