beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant is a person who is engaged in driving buses C.
On June 1, 2012, the Defendant driven the above bus around 21:18, and driven the road of four-lanes in front of the tunnel No. 2-1, Namsan-dong, Jung-gu, Seoul Special Metropolitan City, in the southsan-dong, the two-lanes in front of the tunnel No. 2-1, Namsan-dong, in the parallel of the tunnel No. 1, Namsan-dong, the parallel of two-lanes from southsan-dong, to one 33km in the city-speed, and entered the tunnel No. 1, Namsan-do.
In this case, the defendant who was engaged in driving service has a duty of care to safely drive the bus and prevent accidents in advance by safely driving the bus by reducing speed and accurately manipulating the brake system, etc.
Nevertheless, the defendant neglected to stop driving the bus without a proper stop, and found the victim D (the 55 years old) who crosses the space between a ticket in the right side from the left side of the direction of the course to late late, and operated the bus to avoid this, but did not avoid it, and did not go beyond the road by receiving the head part of the victim's head from the front side of the bus.
Ultimately, the Defendant’s occupational negligence in the same month.
9. At around 12:38, the E Hospital in Jung-gu Seoul Central District had caused the death of the patient due to salivosis and cerebral ties, etc.
2. The defendant asserts that the defendant's gist of the defense of the defendant was that he could not expect the victim to have his own roadways, and that even if the defendant took proper measures, he could not avoid the accident of this case. Thus, the defendant cannot be found to have breached his duty of care in driving on the occurrence of the accident of this case.
3. Determination
(a) A driver of a motor vehicle shall prepare for the occurrence of an exceptional situation which is essential and unforeseeable by fulfilling his/her duty of care to the extent that he/she can avoid the result of the occurrence in preparation for an ordinary predicted situation;