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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On April 11, 2017, the Defendant: (a) driven a C-A-car around 22:26 on April 11, 201; and (b) driven a c-car on the east-do road of 8.4km away from the two-way road to Busan.
At the time, there are nights and vehicles driving at high speed, so a person engaged in driving service has a duty of care to properly see the front door and the right and the right and the right and the right and the right and the right and the right and the steering system, and to prevent accidents in advance by operating it.
Nevertheless, the Defendant neglected this by negligence and caused the death of the victim D (60) who was on the right side of the low-speed vehicle standing on one lane of the Defendant’s vehicle by taking the victim D (60) into the front part of the vehicle in front of the Defendant’s vehicle, and caused the victim to die due to damage to the two higher parts and chests in the workplace.
2. At the time of the Defendant’s assertion, D, while moving through a proxy engineer, had a proxy engineer moved his/her car (C) between the vehicle parked on the side and trying to attach him/her to the same, and entered the expressway, and walked into the expressway line. The Defendant could not expect such act or avoid traffic accidents resulting therefrom. Thus, there is no negligence on the part of the Defendant.
3. Determination
A. The driver of an automobile driving on an expressway does not have a duty of care to drive by comparing it so that he/she can take measures, such as rapid stop, in order to prevent a collision with pedestrians in general, by predicting that there is a pedestrian crossinging the expressway. However, even if the driver causes an accident due to the shock of pedestrians crossinging the expressway without permission, there was a circumstance in which the driver could anticipate the unauthorized crossing of pedestrians in advance at a reasonable distance, and accordingly, he/she has taken measures, such as prompt reduction or sudden restraint.