logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.02.15 2018노1835
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is as follows, and there is no negligence as to the occurrence of the instant accident against the defendant for the following reasons, but there is an error of mistake in the determination of facts.

In other words, as a bus driver, the defendant who is a bus driver is bound to move along the bus stops while approaching the bus stops, and the victim did not seem properly to go on the SUV vehicle that was travelling on the opposite lane at the time of the commencement of the illegal crossing in the opposite lane.

When the form of the victim who had been crossingd without permission completely is revealed, the victim could not be seen because the defendant had reported the passengers, etc. who already arrived almost at the bus stop and want to board the bus.

When the defendant intends to start a bus again, the victim had already been passing ahead of the bus, but it was not possible to see the victim who was lower than the bus stop in the structure of the bus driver's seat, and the defendant could not at all expect that the victim, who was crossing without permission, would pass ahead of the bus.

2. Judgment on the grounds for appeal by the defendant

A. The lower court also asserted the same purport as the above grounds for appeal, and the lower court rejected the Defendant’s allegation on the grounds that the Defendant was negligent in the occurrence of the instant accident on the following grounds.

1. According to the evidence duly adopted and examined by the court below, the location of the instant accident site is one-way road, where commercial buildings are concentrated around the road; the intersection and crosswalk are installed in the vicinity of the accident site that does not exceed 20.57 meters in the direction of the Defendant’s driving bus; the intersection and crosswalk are installed at the location of the accident; and the bus stops are installed at the location of the accident; the victim, who entered the above crosswalk, was sitting at the bus stops in the opposite direction.

arrow