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(영문) 수원지방법원 2018.02.08 2017고단7037
교통사고처리특례법위반(치사)
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 C New-C&C buses.

On October 31, 2016, the Defendant driving a New-Tech bus around 21:50, and proceeded two lanes in front of the oil station in the E in the ethic City D with the direction of launching about about 60 km in the direction of launching from the enclosed bank.

At the time, at night and on the right side of the road, a company and a restaurant, a gas station, etc. are located in the company and there is a side that pedestrians can walk, so the driver of the motor vehicle has a duty of care to confirm whether there is a person walking on the front side by checking well the front side, and to operate the steering and brake system accurately and safely to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform his duty of care and did not discover the Victim F (F) who walked in the direction of the Defendant's proceeding on the two-lanes due to negligence, and did not go beyond the right side of the bus operated by the Defendant and went beyond the victim.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence, such as double pelkes and brain damage.

2. Determination

A. The summary of the defendant's and his defense counsel's assertion acknowledged that the defendant died (hereinafter "the traffic accident of this case") by shocking the damaged person to the right side of the bus while driving a road of two-lane way in front of the bus station in E-gu in e-gu in e-si (hereinafter "the traffic accident of this case") around 21:50 on October 31, 2016, but the traffic accident of this case constitutes an inevitable accident caused by the wind coming from the bus of the defendant who suffered damage to the road that cannot be expected to go by the person at all at the night at the night, because it constitutes an inevitable accident due to an act beyond the duty of care for the occurrence of the traffic accident, which constitutes an occupational violation of the duty of care for the traffic accident.

It is difficult to see it.

B. Relevant legal principles 1).

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