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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The driver of any motor vehicle involved in the facts charged shall accurately operate the steering gear, brakes and other devices of the motor vehicle and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to other persons, depending on road traffic conditions and the structure and performance of the motor vehicle;
On December 25, 2014, at around 04:25, the Defendant was driving a B rocketing taxi, and led to getting off the E (V, 46 years old), a passenger who was on the back seat of the said taxi, before the D located in Kimhae-si C.
In such a case, a person engaged in driving service has a duty of care to safely start a taxi and drive the taxi in such a way that does not pose any danger and impediment to the above E, but the Defendant: (a) due to the negligence that the end of the occupation of the above E, he, despite having left the right side of the above taxi, he started the above taxi without verifying it; (b) caused the above taxi to go beyond the floor of the above taxi, thereby violating the driver’s duty to drive safety by making the said taxi go beyond approximately three weeks of medical treatment.
2. Determination:
A. In light of the purpose of the Road Traffic Act, Article 48 of the Road Traffic Act and Article 156 Subparag. 1 of the Road Traffic Act, which provides for a driver’s duty to safely drive a motor vehicle, and penal provisions for the violation of such duty, legislative purport, etc., the crime of violating Article 48 of the Road Traffic Act is established when a driver drives a motor vehicle at a speed or in a manner that does not accurately operate the steering gear, steering apparatus or other devices of the motor vehicle, or fails to comply with the traffic situation or the structure or performance of the motor vehicle, thereby causing danger and injury to others. Thus, the specific speed or method of driving is objectively seen in light of the traffic situation of the road and the various devices, structure, and performance of the motor vehicle.