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(영문) 서울북부지방법원 2015.06.25 2015고단970
교통사고처리특례법위반
Text

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 a person engaging in driving C Village Buses.

On January 28, 2015, the Defendant driven the above bus at around 16:19, and driven the front road of the “Drout-type department” located in Seongbuk-gu Seoul in Seongbuk-gu, along the three-lane distance from the long distance to the middle distance.

There was a place where pedestrians are expected to walk, and the electric-road traffic signal, etc. was parked in the second and third lanes by a stop signal, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by reducing the speed and accurately manipulating the steering gear and brake system by properly monitoring the front and rear left.

Nevertheless, the defendant found the victim E (or, 64 years of age) who has passed the road on the right side by passing through the road on the left side and immediately passed it, and operated the bus on the left side, but did not avoid it, but got the victim into the right side of the bus and got the victim out of the floor.

Ultimately, the Defendant caused the victim to die at G Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu at around 17:12 on the same day by the above negligence.

2. The judgment of the defendant and the defense counsel asserted that the defendant's village bus was proceeding one lane which is the left-hand turn-hand one among the three-lanes. However, the defendant's own marbling between the vehicles where the victim was waiting for the straight-hand signal at the two-lanes, and that the defendant discovered and immediately operated it, but did not reach the victim, and that there was no breach of duty of care on duty of the defendant.

According to the evidence duly adopted and examined by this court, the accident location of this case is at an intersection where signal apparatus is installed at the front side, and the defendant makes a left turn to the left pursuant to the new code.

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