The defendant shall be innocent.

1. The Defendant is engaged in driving a B rocketing car.

On August 11, 2018, the Defendant driven the above vehicle at around 17:28, and led the front road of Gwangju Dong-gu C to the E side side of the D building, where traffic is not controlled, and passed through the intersection.

In such cases, when a person engaged in driving of a motor vehicle intends to enter the intersection at the same time with the same priority order, he/she has the duty of care to prevent accidents in advance by concessioning the way to the right-hand side.

Nevertheless, the defendant neglected to do so and proceeds as it is.

Defendant

The victim F (the age of 65) was driven by the victim F (the age of 65) who entered the intersection from the right side of the course to the left side of the intersection, and was urgently operated, but the back side of the vehicle driven by the defendant and the front front wheels part of the victim was driven by the victim.

As a result, the Defendant suffered injury, such as blood transfusion, etc., from the victim due to occupational negligence for about 8 weeks.

2. Determination - Innocence

1. Of the facts charged in this case, the content of the breach of the duty of care among the facts charged in this case is that the traffic control is not performed, when passing through the intersection at the same time with the same priority order, the "when intending to enter the intersection" has a duty of care to prevent accidents in advance by "Yield the way to the opposite side road", and the defendant did not fulfill such duty of care.

2. Determination

A. Article 26(3) of the Road Traffic Act provides that “The driver of a vehicle who intends to enter the intersection where traffic is not controlled shall yield the right of way to the other side of the road.”

B. However, when the defendant intends to enter the intersection, he shall be accompanied by the victim.