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The defendant is innocent.
Reasons
1. The summary of the facts charged is a person engaged in driving a vehicle BM5 vehicle.
On January 11, 2013, the Defendant driven the said car at around 00:18, and proceeded the two-lanes in front of the Seocho-gu Office in the front of the Seocho-gu Office in the new flag season at the time, from the square room No. 11, to the direction of the new flag distance. In such a case, the Defendant was a four-lane straight line in which the land bridge was installed at night and the two-lane straight line was installed. Therefore, the Defendant was obliged to pay a duty of care to the vehicle driver by checking the safety of the course and accurately operating the steering and operating the steering system by accurately examining the front side and the left side of the vehicle.
Nevertheless, the Defendant neglected this and failed to discover the victim C(the age of 51) from the right-hand side of the vehicle running on the right-hand side of the horse, thereby resulting in the death of the victim due to the multi-presidential long-term damage.
2. Determination
(a) The 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 of the occurrence of an occurrence of an exceptional situation which is not expected and difficult to anticipate and prepare for it in preparation for an ordinary predicted situation;
(See Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.). B.
The following circumstances acknowledged by the evidence adopted and examined by the court: (a) the road in which the instant accident occurred is a four-way road in which the passage of the vehicle is frequent at night; (b) the site of the instant accident is installed immediately above the site of the instant accident; (c) the time when the instant accident occurred is around 00:18 in the middle of January, the winter; and (d) according to the witness’s statement made by the witness of the instant accident, the victim was faced with an accident by walking between the stairs under the direction of the road and the road, and compared to the surrounding areas under the direction of the road.