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(영문) 서울남부지방법원 2013.11.20 2013고단1632
교통사고처리특례법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a bus in C New Daily Fishing.

On March 203, 2013, the Defendant driven the above bus around 20:43, and proceeded at a speed of about 30 km from the side of the Yangcheon apartment to the high-speed distance of about 1117 lanes in front of the 325-dong, Yangcheon-gu, Seoul.

At night, there was a duty of care to prevent accidents as a driver of a motor vehicle's vehicle's accident by seeing the front and surrounding traffic conditions to the driver of a motor vehicle, and by accurately manipulating the steering gear to reduce speed when finding an obstacle on the road.

Nevertheless, the suspect neglected to do so and found that the victim D (ma and 69 years of age) who was driving a bicycle on the side of the high-scale apartment on the side of the upper-scale distance from the side of the bicycle, was late and operated to avoid this without any operation by the hand, but the victim's head was left the front side of the bus of the defendant, without being able to avoid it.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence.

2. The Defendant’s assertion and judgment asserted that force majeure accidents are not caused by Defendant’s breach of duty of care.

According to the evidence of this case, the victim was deprived of center due to an unforeseen cause while getting on the bus of this case and getting on the bus of this case. The defendant was found at any time, but the bus of this case was immediately stopped with the head of the victim who was used on the road to the right side, the result of the appraisal by the National Science Investigation Agency and the Road Traffic Authority.

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