beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is that the Defendant is a person engaged in the work of driving H rocketing taxi.
On November 30, 2015, the Defendant, at around 02:23, run at a speed of 377 km from the JC to the safe JC along the four-lane roads along the 377 km at a parallel parallel of the Gyeong-si, Osan-si.
At the time, the road is be bended by the direction, and there was a motor vehicle that stops on the front direction of the defendant due to the traffic accident of the preceding vehicle, so the person engaged in driving service has a duty of care to reduce speed and to safely check the front right and the right and the right and the right of the vehicle.
Nevertheless, due to the negligence of neglecting this, the Defendant neglected the body of the victim I (42) who was separated from the vehicle due to the accident that occurred earlier and used on the three-4-lane road, and caused the victim to face with the space between the two sides of the driving vehicle and the wheels of the Defendant, and caused the victim to face with the lower structure of the vehicle.
Ultimately, the Defendant caused the death of the victim at the site due to the damage to the growth period caused by the occupational negligence above.
2. The driver of a motor vehicle driving on an expressway has no duty of care to drive the motor vehicle while preparing for measures, such as rapid stop, etc., to prevent a collision with pedestrians, in order to anticipate that there are pedestrians driving on or crossing the expressway, barring any special circumstances. However, if the driver could anticipate pedestrians in advance at a considerable distance, and if he/she immediately renders such measures as speeding or rapid driving, etc., he/she may be found to be negligent by the driver of the motor vehicle, only if there are special circumstances that the driver could avoid collision with pedestrians (see Supreme Court Decision 200Do2671, Sept. 5, 200, etc.).