The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

The Defendant is a person who is engaged in driving a Clearning car.

On April 10, 2016, the Defendant driven the said car at around 19:55, and driven the said car at around 70 km in the speed of blue-gun, Ulsan-si, Ulsan-si, the Defendant driven the three-lane road in front of the literacy elementary school at the Cheongdo-si, Ulsan-si, at a speed of about 70 km per hour, along one-lane from the direction of the road.

At the time, the driver at night had a duty of care to prevent traffic accidents by accurately operating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

The Defendant had caused the death of the victim due to the crym fry at the emergency room of the F Hospital located in Ulsan-gu, Ulsan-si, Seoul-si, the same day due to the above occupational negligence, 20:45.

Judgment

1. A driver of a motor vehicle may not be obliged to perform his/her duty of care to anticipate and prepare for an occurrence of an exceptional situation that is sufficient and unforeseeable by fulfilling his/her duty of care to the extent that he/she could avoid the outcome in preparation for an ordinary predicted situation (see Supreme Court Decision 85Do833, Jul. 9, 1985). In other words, a driver of a motor vehicle who operates a road may not be obliged to perform his/her duty of care to the driver insofar as the driver of a motor vehicle trusted that the driver of a motor vehicle complies with all traffic laws and regulations and operates the motor vehicle based on such trust.

However, such principle of trust is excluded in cases where there are special circumstances in which the other party involved in the traffic cannot be trusted to drive or walk the vehicle in compliance with all road traffic-related laws and regulations (see, e.g., Supreme Court Decisions 2002Do4134, Oct. 11, 2002; 2010Do4078, Jul. 29, 2010).