logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.05.18 2016노2466
도로교통법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

The summary of the grounds for appeal began with the bus without the passengers getting on and off even though several seconds have passed since the bus of this case completely stopped.

The passenger did not seem to have been on board at the time, after checking the right side of the bus as a part of the immediately preceding departure.

The bus has already started, and the damaged person on the right side of the vehicle was examined as his hand on the right side of the vehicle.

피해자는 차량 우측에서 버스를 타기 위해 인도에서 차도 쪽으로 달려오면서 바닥을 보지 않고 전방만을 주시하고 있어 인도가 끝나고 그보다 낮은 차도가 시작되는 부분을 발견하지 못하고 그대로 왼발을 디뎠다가 인도와 차도의 높이 차이로 인하여 중심을 잃고 넘어진 것이다.

Although the Defendant did not violate the driver’s duty of safe driving as prescribed by Article 48(1) of the Road Traffic Act, the lower court convicted the Defendant of the facts charged in this case by misunderstanding the fact.

The summary of the facts charged in the instant case regarding the grounds for appeal is a person engaged in the business of driving C Buses.

On July 23, 2015, the Defendant driven a bus at around 09:37, and stopped at a bus stop located in front of the Seoul Southern-gu Seoul Metropolitan Government, leaving the bus stop and went into the bus stop. In such a case, there is a possibility for passengers to have access to the bus, and in fact, E was approaching the bus while getting on board the bus at the time, so the Defendant, as a bus engineer, has a duty to properly operate the steering and steering system or safely drive the bus without due care for the right side of the bus prior to the departure and violated the safety duty to drive the bus by departing the bus as it is, while neglecting this duty.

The court below's decision.

arrow