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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was that the Defendant, as an urban bus driver, had a duty of care to safely operate not only before and after the bus stops in which the instant accident occurred, but also by thoroughly examining the left and right in order to prepare for a sudden situation in which the instant accident occurred. At the time of the instant accident, the Defendant did not apply the principle of trust, and the Defendant was negligent in failing to discover the victim who was injured by violating such duty of care. However, the lower court acquitted the Defendant of the facts charged in this case by misapprehending the legal principles on the principle of trust, which affected the conclusion of the judgment.
2. Determination
A. On March 23, 2013, the Defendant: (a) driven D urban buses around 20:40 on March 23, 2013; (b) operated a four-lane road in front of Seocho-gu Seoul Metropolitan Government, Seocho-gu, along the central bus exclusive lane, which is the one-lane road, from the boundary of the intersection to the two-lane road; and (c) stopped at the bus stops in the general bus stops located in the area; and (d) stopped at a speed of about 10km per hour.
At the time, the bus stops are installed, and the movement of passengers who want to board or alight from the bus is frequent, so there was a duty of care to prevent accidents by making a person engaged in driving service, driving slowly and accurately manipulating the steering and steering system, and to prevent accidents.
Nevertheless, the Defendant neglected this and proceeded without examining the right and the right and the right and the right and the right and the victim E (the victim E (the 69 years old, female) who walked from about 10 meters on the front line to get in the above city bus has lost its center and applied the body to the above city bus late, but the Defendant was not faced with it. However, the victim was faced with the front part of the right and right part of the above city bus.