Text
The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who is engaged in driving Cwon passenger buses.
Around 06:05 on April 7, 2013, the Defendant driven the bus and proceeded at a speed of about 20 km from the 4-lane parallel in front of the border university located in Seocheon-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do at a speed of about 20 km each hour, depending on two lanes from the scark-si.
The driver of a vehicle at an intersection where a three-dimensional signal apparatus and a sign of no internship are installed has a duty of care to prevent accidents in advance by proceeding as the signal apparatus and the sign are well reported and the direction of the signal apparatus and the sign is instructed by the signal apparatus and the signboard.
Nevertheless, the Defendant neglected this and caused the Defendant to have the left part of the bus driven by the Defendant with the part of the victim D(32 years of age) E driving or the front part of the passenger car, which is driven by the Defendant, in contravention of the signal apparatus and the sign prohibiting the U-turn in a straight line.
Ultimately, the Defendant suffered injury to the victim, such as 2, 3, and 5, which require approximately 12 weeks of treatment due to such occupational negligence.
2. First of all, we examine whether the Defendant violated Article 62 of the Road Traffic Act.
Article 62 of the Road Traffic Act prohibits the U-turn on an expressway or motorway, and there is no evidence of the fact that the road in which the instant traffic accident occurred is an expressway or motorway (Article 62 of the Road Traffic Act seems not to be an expressway or motorway according to the actual survey report (1) and (2)). Even if it falls under it, it is insufficient to view that the Defendant violated the duty of U-turn prohibition as seen below, and there is no other evidence to acknowledge it.
Next, the defendant is obliged to prohibit signal or U.S. from being displayed by signal apparatus under Article 5 of the Road Traffic Act.