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(영문) 서울중앙지방법원 2014.02.07 2013고단3072
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) driven D urban bus around 20:40 on March 23, 2013; (b) operated a four-lane road in front of Seocho-gu Seoul, Seocho-gu, along the central bus exclusive way way which is one-lane of the above road from the boundary of the intersection road to the surface of the two-lane road; (c) stopped at the general bus bus stop at a speed of about 10km per hour; (d) the location where the bus stop at a speed of about 10km; (b) the passenger’s moving to the bus is frequent; (c) thus, (d) even though the Defendant had a duty of care to accurately operate the front direction and brake system to prevent accidents by operating the front direction of the bus; (d) the Defendant, without neglecting his/her duty of care, failed to look at the right side and the right side of the bus; (d) but, (e) discovered the victim’s injury to the bus from the front 6m of the bus without being able to take off the bus.

2. In the occurrence of a traffic accident on the market, in case where it is reasonable to believe that there is no abnormal behavior in light of the overall circumstances at the time when the abnormal behavior such as traffic offense by the victim or by a third party is opened, the responsibility of the driver of the harming vehicle shall be denied unless there is no traffic offense which caused the accident on the part of the perpetrator.

Therefore, according to the records of this case, the defendant is driving the urban bus and the central bus exclusive way is used.

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