(영문) 부산지방법원 2019.09.04 2019고단1093

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(영문) 부산지방법원 2019.09.04 2019고단1093

교통사고처리특례법위반(치상)

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

Reasons

1. On December 28, 2018, the Defendant was driving B buses around 18:20 on December 28, 2018, and was driving in the direction of E in the direction of E along the three-lanes of the front D in Busan Dong-gu, Busan.

At the time, there is a time to leave, and there are many three-lanes around, and in such a case, the driver has a duty of care to safely drive the front line and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not discover the victim F (n, 66 years old) who was crossing the left side of the direction of the Defendant’s running without permission from the right side of the direction of the Defendant’s running, and was led to the front part of the city bus front of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence for about six months by suffering from an injury to the blood species, etc. under a acute light that requires treatment for the victim, thereby causing the victim to suffer from serious brain injury or from an incurable or incurable disease.

2. Determination

(a) A driver of a motor vehicle shall not be deemed to have a duty of care to the extent that he/she can avoid the result in preparation for any unexpected situation, and shall not be deemed to have a duty of care to the extent that he/she has a duty of care to prepare for the occurrence of an unexpected situation that is ordinarily unpredictable

(See Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.). In addition, the burden of proving the facts charged in a criminal trial lies on the prosecutor, and the recognition of conviction ought to be based on the evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no evidence to form a conviction, the doubt of guilt is against the defendant even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

(b) Records.

참조판례

-대법원 1985. 7. 9. 선고 85도833 판결

유사 판례

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