logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.25 2016노56
도로교통법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. When examining the summary of the grounds for appeal in detail, the Defendant was moving bypass from the point of accident to the right-hand side from the beginning. In light of this, the Defendant seems to have been aware that the Defendant was already walking on the right-hand side of the bus driving direction and on the roadway.

Therefore, the defendant could have sufficiently predicted the fact that the injured party can move toward the bus toward the bus.

In such a sufficiently foreseeable situation, the defendant should have exercised the duty of care for the victim walking, but without any specific manipulation, the victim continued to stimulate the right to the right to the right to the right to the right to the right to the right to the right to the right.

Therefore, since the defendant's failure to accurately operate bus steering system is sufficiently recognized, the court below found the defendant not guilty of the defendant, by misunderstanding the facts or misunderstanding the legal principles.

2. Determination

A. The lower court acquitted the Defendant on the following grounds.

1) The Defendant was trying to make a right-hand way while driving along the instant intersection by driving the urban bus at the instant intersection, in particular, according to the method of passage by the right-hand side of the road, and the Defendant could not have easily anticipated that the damaged party, who was walking at the instant intersection, would get off the crosswalk from the point where the crosswalk was past to the Arh and cross the roadway without permission, at the point where the crosswalk was past to the Arh and the vehicular road without permission.

Therefore, under the principle of trust, it is necessary to predict the fact that the injured party is the unauthorized crossing at the point where the crosswalk was past, and therefore, it should be deemed that the injured party does not have any duty to pay attention to the injured party.

2) A lane that the Defendant attempted to enter bypass was one lane, and at that time, straightened along the opposite lane.

arrow