(영문) 대전지방법원 2014.10.02 2014고단2050

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(영문) 대전지방법원 2014.10.02 2014고단2050

교통사고처리특례법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a small amount of car C.

On April 3, 2014, the Defendant operated the said car around 05:10, and proceeded two lanes from the third lines of the 282 modified apartment road as the Seo-gu Office building of Daejeon, Seo-gu, Daejeon, to the four streets of the Han field bridge.

At the time, a large-scale cargo vehicle was proceeding to the right side of the vehicle operated by the defendant, and the victim D (72 years of age) is proceeding to the left side, so in such a case, a person engaged in driving service has a duty of care to confirm whether there is a person who gets on the front side and left side well and to drive safely.

Nevertheless, due to the negligence of neglecting this, the victim's left body was received in front of the right side of the passenger's car driving by the defendant.

Ultimately, around April 3, 2014, at around 05:26, the Defendant caused the death of the victim due to the occupational negligence of the Defendant, such as the dubation of dubs, etc.

2. Determination

A. The so-called principle of trust that a driver who operates a road is not liable for breach of duty of care to the driver as long as he/she trusted that the driver of the other party is able to comply with all traffic regulations and operated on the basis of such trust, is not liable for the driver's breach of duty of care to the driver, if there are special circumstances under which the other party traffic controller cannot be trusted that he/she will drive or walk on the road, in compliance with all traffic laws and regulations related to road traffic, the application shall be excluded (see, e.g., Supreme Court Decisions 84Do79, Apr. 10, 1984; 2002Do4134, Oct. 11, 2002). In light of the above legal principles, the following circumstances acknowledged by the evidence duly investigated and adopted by the court, namely, the time of the accident at issue was considerably difficult at around 5:10 minutes before April 3, 200 new wall.

유사 판례

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