The defendant shall be innocent.

Punishment of the crime

1. The summary of the facts charged is that the Defendant is a person driving a D Bus on duty.

On July 16, 2013, the Defendant driven a bus at a speed of 06:50 on July 16, 2013, and came to turn to the left at an aesthetic speed from the front distance of the bus terminal in which the right is instigated in the sphere of the water station at the time of water supply to the side of the bus terminal.

Since there is an intersection in which a crosswalk is installed, the driver of a motor vehicle has a duty of care to accurately operate the steering gear, brake, and other devices of the motor vehicle, and not to drive the motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic situation of the road and the structure and performance of the motor vehicle, and not to drive the motor vehicle at such a speed or in such a manner as to cause any danger and injury to pedestrians driving the crosswalk.

그럼에도 불구하고 피고인은 이를 게을리 한 채 횡단보도에 녹색신호가 들어온 상태임에도 우측방향을 주시하지 않고 그대로 진행한 과실로, 때마침 진행방향 우측에서 좌측으로 자전거를 타고 진행하던 피해자 E(16세)이 횡단보도 앞 보행섬에서 자전거를 멈추지 못하고 피고인 차량 우측 뒷바퀴 부분으로 튕겨 들어오자, 피해자를 미처 발견하지 못하고 피고인의 버스 오른쪽 뒷바퀴로 피해자를 역과하여 피해자로 하여금 그 자리에서 심폐정지, 다발성골절, 대량실혈 등으로 사망하게 하였다.

2. Determination

(a) The driver of a motor vehicle shall not be deemed to have a duty of care to the extent that he/she can avoid the result of the occurrence of an occurrence of an exceptional situation which is not expected and difficult to anticipate and prepare for it in preparation for an ordinary predicted situation;

(See Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.). B.

The evidence examined by the court is examined.