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(영문) 서울중앙지방법원 2013.10.31 2013노2958
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in driving buses C.

On June 12, 2012, the Defendant operated the above bus around 18:40 on June 12, 2012, and changed the bus from Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul to the first line in order to drive the front road of the 741 National Cemetery of Seocho-gu, Seoul to the 20km away from the area of the Seoul Seoul Seoul Seoul Arts Center, along the two-lanes, at the 20km away from the area of the Seoul Arts Center, the Defendant changed the bus from the point where the U.S. is not allowed to move to the opposite line.

In such cases, a person engaged in driving service of a motor vehicle with a large radius, such as a bus, has a duty of care to prevent accidents by changing the bus line through a good examination of the front, rear, and left and right.

Nevertheless, the defendant neglected this and did not discover the E-to-beb that is driven by the victim D (year 71) who was driven by one lane on the rear side of the Defendant's bus and went beyond the above O-to-beb on the left side of the Defendant's bus.

Ultimately, the Defendant caused bodily injury to the victim D due to the above occupational negligence by causing bodily injury to the victim D, such as cerebral cerebral cerebral cerebral cerebral ties, which requires more than three months of medical treatment.

2. The lower court determined that the facts charged in the instant case constituted a case where there is no proof of crime, and sentenced the Defendant not guilty on the following grounds.

Unless there are circumstances in which the crossing of the vehicle was specifically permitted despite the display of the safety zone, it is reasonable to believe that the driver of the vehicle passing by the side of the safety zone would be able to trust that other vehicles operating in the vicinity of the safety zone would go to the front of the vehicle's course by crossing the safety zone. Thus, the vehicle to cross the safety zone was discovered in advance at a considerable distance.

A vehicle shall have such a vehicle, except in extenuating circumstances.

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