A taxi driver who hit and killed a 70-year-old who was riding an electric bicycle over the central line was put on trial for violating his duty of care, but the first trial court acquitted him.
According to the legal community on the 27th, the Busan District Court's Western District Criminal Chamber 4 (Judge Oh Heung-rok) acquitted a taxi driver in his 70s on charges of violating the Special Act on the Handling of Traffic Accidents (death).
A was put on trial on charges of driving a car on a road in Saha-gu, Busan, at 5:40 a.m. on October 17 last year and hitting B in his 70s who was driving backwards on a black electric bicycle on the other side.
B died five months after the accident due to damage to his spine due to a broken neck bone.
The prosecution believed that A, a taxi driver, was responsible for the death of B because he couldn't see a bicycle driving in the opposite direction while turning right without looking ahead at the dark view before sunrise.
At the trial, the issue was whether A violated his duty of care.
The court said it was difficult to prove that A violated his duty of care at work and that he was not responsible for the accident.
This is because the National Forensic Service concluded that it was impossible to determine whether the driver of the vehicle was able to avoid the bicycle, and at the time of the accident, the car was at a normal speed of 40.4 kilometers per hour, but the electric bicycle was significantly faster than the normal bicycle speed of 24.1 kilometers per hour.
The court explained the reason for the acquittal, saying, "There is no circumstance in which the defendant violated traffic laws such as speeding, and there is no violation of the duty of care at work." 토토사이트