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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the Defendant is a person engaging in driving freight B.
On March 7, 2018, around 15:20 on March 7, 2018, the Defendant proceeded at a three-laned road of “D” in Dongdaemun-gu Seoul Metropolitan Government, along a single-lane distance from the parallel service distance to the long-distance.
However, there was an intersection installed a crosswalk in the front of the road and a pedestrian stop signal, but many people stand on the left side by using the crosswalk, and thus, there was a duty of care to prevent accidents in advance by checking whether there is a person who gets on the front side and the left side well by temporarily stopping the vehicle driving service and accurately manipulating the steering direction and the brake system of the vehicle.
Nevertheless, the defendant neglected this and found the victim E (V, 68 years old) to be left left on the right side by using the crosswalk of pedestrian stop signals, which was driven by the defendant's negligence, and delayed detection of the victim E (the 68 years old). However, the defendant did not take any action but did not go beyond the road by shocking the head of the victim's vehicle.
Ultimately, around March 7, 2018, the Defendant caused the death of the G hospital located in Seongdong-gu Seoul, Seongdong-gu, Seoul due to the foregoing occupational negligence, which was receiving treatment from G hospital located in Seongdong-gu, Seoul.
2. Determination:
A. A driver of a motor vehicle of a related legal doctrine cannot be said to have a duty of care to anticipate and prepare for an occurrence of an exceptional situation that is sufficiently and unexpectedly difficult (Supreme Court Decision 85Do833 Decided July 9, 1985). B. According to the records of this case, the following facts can be acknowledged.
① The place where the instant accident occurred is a three-lane road, and a signal, etc. is placed at the scene of the accident.