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(영문) 대법원 1983. 9. 13. 선고 83도1537 판결
[업무상과실치사][공1983.11.1.(715),1541]
Main Issues

A bus driver's duty of care at the time of entering a bus stop;

Summary of Judgment

It is difficult for the city bus driver who has entered the bus stop slowly at about one meter between the Indian boundary and one meter, and for the victim, who is the adult male, who was expected to have a streetsided and expected to go from the bus stop to the bus stop or to go to the bus stop in India even at the later side of five meters, to enter the bus at intervals between the bus transit and the bus stop or stop the bus at the later side of the street line.

[Reference Provisions]

Article 268 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Daegu District Court Decision 82No1620 delivered on March 17, 1983

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The court below's decision was justified in the judgment of the court of first instance that the defendant did not neglect the duty of care required for the driver of the vehicle to get off and get off the bus at intervals of about one meter from the bus stop to 5 meters, but it was anticipated that the victim, an adult South Korean, who was expected to get off and walk down the street from the bus stop to the bus stop or go to the bus stop from the bus stop to the bus stop, cannot enter the bus stop at a distance of delivery boundary and at a distance of more than 5 meters, or that the defendant cannot expect the duty of care to stop down the bus in advance at the rear side of the bus stop expected to get off and get off the bus at the bus stop, and that there was no violation of the rules of evidence or the incomplete hearing, and it cannot be said that there was no violation of the rules of the first instance court's decision.

Therefore, the prosecutor's appeal of this case is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)

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