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(영문) 수원지방법원 2018.06.20 2018고단1688

교통사고처리특례법위반(치사)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a car in Col Do. On March 3, 2018, the Defendant came to drive a two-lane in the direction of the flow-based large distance from the private distance to the direction of allowing the third-lane road of the E, located in the wife population D around 03:23 on March 3, 2018.

At night, it was difficult to secure the view at night, and the victim F(53) was crossing the road on the right side from the left side of the defendant's direction, and thus, the defendant engaged in driving service had a duty of care to make a safe turn to the left safely by accurately manipulating the steering direction and operating the steering direction and operation system well.

Nevertheless, the Defendant neglected this and went beyond the floor by taking the victim's top part of the passenger vehicle in front by negligence while driving the vehicle.

Ultimately, the Defendant caused the victim by occupational negligence above to the same month.

4. A Gacheon-ro Hospital located in the Southern-si Incheon Metropolitan City around 05:37 caused the death of the patient due to cerebral cerebral cerebral typhism, etc.

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 his duty of care. However, the above principle of trust is excluded if there are special circumstances in which the other party's traffic participant is unable to believe that the other party's operation or walking on the road is in compliance with all traffic-related laws and regulations (see, e.g., Supreme Court Decision 85Do833, Jul. 9, 1985).