If the victim enters the bottom of the rear wheels, there is any negligence of a bus driver who has killed the Dong.

A bus driver has the duty to confirm and start the obstacles around the bus by examining the front and rear left side of the bus prior to the start, but it is virtually impossible for the driver to view the bus's front side and the left side of the roadway to enter the bus, at the same time it is impossible for the bus driver to go under the rear side of the bus side through the right side and at the same time it is impossible for the bus driver to go under the rear side of the bus through the right side. Thus, if the victim enters the wheels between the front and rear side of the bus, it cannot be said that there is negligence that the driver was not found the vehicle's failure to find it. Thus, it cannot be said that there is a driver's negligence unless the victim enters the rear side of the bus or enters the rear side of the bus.

Article 308 of the Criminal Procedure Act, Article 268 of the Criminal Act

Defendant

Defendant

Attorney Lee Lee Jae-soo

Busan District Court Decision 83No1215 delivered on March 8, 1984

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

We examine the Defendant’s grounds of appeal.

1. According to the reasoning of the judgment below, the court below found that the defendant, as the driver of the city bus No. 2623 in Busan, operated the bus at around 18:50 on April 21, 1982 with the driver of the city bus No. 2623 in Busan, and proceeded to the Busan National University at the Busan National University, and tried to start the bus again after boarding the bus at the same Busan National University. In this case, the defendant neglected his duty of care to confirm and start the bus's front and rear left side of the bus prior to the departure, and neglected his duty of care to check and confirm the obstacles, and caused the death of the plaintiff to start the bus immediately after boarding the bus at the rear wheels of the bus.

2. However, according to the traffic accident report (No. 7 of the investigation record) bound in the investigation record, the victim is found to have come under the right side of the bus involved in the accident and the bus starts. However, it is not clear in the record that it is possible for the defendant to confirm the movement of the victim who enters the right side side of the bus through the rear border on the right side.

Second, the judgment of the court below that the bus driver has the duty to confirm whether there is an obstacle around the bus by examining the front and rear left side of the bus prior to the departure as a bus driver, but it is not actually impossible for the bus driver to view the left side of the front side of the vehicular road to run and enter the bus, at the same time, to follow the rear side of the bus through the right-hand side and to follow the rear side of the bus through the right-hand side. Thus, if the bus enters the bottom of the wheels between the time when the victim wants to start, it cannot be said that the defendant was negligent in not discovering it.

However, even if the evidence presented by the court below is examined in light of the records, there is no evidence to confirm whether the above victim entered the order of the plaintiff or entered the above order, and unless it is revealed, there is no evidence to prove that there is negligence of the defendant.

Ultimately, the judgment of the court below is justifiable as it commits an unlawful act of recognizing facts without any evidence or failing to exhaust all necessary deliberations.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)