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(영문) 부산지방법원 2019.09.02 2019고합140
교통사고처리특례법위반(치사)
Text

1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who is engaged in driving service of B124cc meta.

On October 6, 2018, at around 16:18, the Defendant proceeded with a two-lane road in front of the "D" cell phone store located in Busan Jung-gu, Busan, at approximately 47.5km each hour from the front side of the repair intersection to the front side of the two-lane.

At that time, the crosswalk was installed on the front side, there were many pedestrians, and at the same time, there were many bus stops near the crosswalk, and pedestrians could appear on their own in the situation that the bus was not sufficiently secured due to the bus, so there was a duty of care to safely drive a motor vehicle after checking whether there was pedestrians by reducing the speed and properly examining the front seat of the motor vehicle.

Nevertheless, the Defendant did not stop even at a stop signal, but continued to move the lane between passenger vehicles in the signal waiting, and did not perform the above duty of care when the signal in the front direction is changed to a straight signal, and the Defendant’s negligence took place without permission to cross the road from the right side of the front right side of the Defendant’s Otoba (75 years old) caused the victim E who crosses the road without permission from the front side of the front right side of the Defendant’s Otoba, thereby facing head on the road.

Ultimately, around October 9, 2018, around 14:32, the Defendant caused the death of the victim at the Busan National University Hospital, Seo-gu, Busan, Seo-gu, Seo-gu. 179 due to the occupational negligence.

2. Determination

A. The summary of the Defendant’s and his defense counsel’s assertion complies with the traffic signal at the time of the instant accident, and did not otherwise violate the duty of care concerning the operation of Ototoba.

(b) As the driver of the vehicle under review, pedestrians do not flick the vehicle at which the signal on the crosswalk is stopped in red condition.

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