The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant is a person engaging in driving of a bus bus transit.

On February 6, 2017, the Defendant driven the above vehicle around 12:57, and proceeded with the road in front of the Chungcheong City, as the Chungcheong City, from C to C, to the high-tech flooding area, about 75 km in speed.

At the time, the weather was clear, southwest (4.9m/S) and was a two-lane road, and it was placed on the right side side of the road without delivery of the Defendant’s vehicle driving direction, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely, such as driving the motor vehicle at a high speed and driving on the road. In particular, in the case of a large-sized passenger vehicle, there is a risk that pedestrians will move on the road due to a high speed, and thus, pedestrians have a duty of care to prevent accidents by driving the motor vehicle safely.

Nevertheless, due to the negligence of neglecting this, the defendant neglected to proceed as it is, and caused the above damage to the right-hand side of the defendant's vehicle, etc., the victim exceeded the two-lanes of the defendant's proceeding, and the two parts were shocked.

Ultimately, the Defendant caused the victim to die at the site of the accident due to the brain damage caused by the above occupational negligence on February 6, 2017.

2. The assertion and judgment

A. The traffic accident stated in the summary of the argument (hereinafter “accident in this case”) is not caused by the Defendant’s driving act, and the Defendant could not expect that the damaged person will proceed to the road.

B. 1) A driver of a motor vehicle has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is not anticipated ordinarily by fulfilling his/her duty of care to the extent that he/she could avoid the result in preparation for an ordinary predicted situation.

In other words, roads can not be used (see Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.).