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(영문) 서울북부지방법원 2014.08.12 2014고정647
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is engaged in driving route buses C 720.

On November 13:40 on November 7, 2013, the Defendant driven the above vehicle, and proceeded at approximately 10-20km from the front side of the Dongdaemun-gu Seoul Metropolitan Government 103 White Building, the front side of the 103 White Building, along one lane from the front side of the shooting range to the front market.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as may cause any danger and injury to others, depending on the road traffic conditions and the structure and performance of the motor vehicle

Nevertheless, the Defendant violated the duty of safe driving, such as making the victim D(27 years old, female) aboard a bus operated by the Defendant go beyond the bus after a bus stop that should be stopped due to his neglect, which was caused by the negligence of an urgent operation of the passenger's getting off the bus.

2. The crime of violation of Article 48 of the Road Traffic Act is established when a driver drives a vehicle at a speed or in such a manner as to inflict danger and injury on others by not operating the steering system, brakes or other devices of the vehicle or by failing to comply with the traffic conditions of the road or the structure or performance of the vehicle. It is interpreted that the specific speed or method of driving may be deemed as a high driving that is highly likely to cause danger and harm to others, in objectively considering the various circumstances at the time of the vehicle traffic situation and various devices, structures and performance, etc. of the vehicle (see Supreme Court Decision 2010Do7009, Nov. 25, 2010).

However, according to the video images of CCTV inside and outside the vehicle at the time of the accident, the defendant is guilty.

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