교통사고처리특례법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the defendant is engaged in driving a towed vehicle, the driver of a vehicle shall pass along the roadway divided from the sidewalk and the roadway, and when crossing the sidewalk because it is necessary to enter a place other than the sidewalk, he has a duty of care to temporarily stop immediately before crossing the sidewalk in order not to obstruct the passage of pedestrians after living well in the surroundings.
Nevertheless, on March 8, 2013, at around 08:49, the Defendant: (a) committed a report on the ground that the victim C (the age 41) illegally parked on the front of the 1-1st day of the Gangnam-gu Seoul Cheonggu Seoul Cheongdong, which was negligent in driving the towing vehicle while neglecting to drive the towing vehicle; (b) caused the injury of the victim, who was a pedestrian behind the towing vehicle, by collision with the towing device of the towing vehicle, by causing about three weeks to undergo a medical treatment for the victim.
2. The instant public prosecution was instituted on the premise that the Defendant caused the instant traffic accident while driving “influence of the news report”.
However, the defendant is engaged in the business of towing, keeping, and returning vehicles violating parking regulations on behalf of others pursuant to Article 36 of the Road Traffic Act, and has invaded reports to tow vehicles of victims illegally parked at the time of this case.
In such a situation, there is a dispute with the victim, which eventually gives up towing and eventually causes the traffic accident in this case from among the attempts to move to the road again, and the defendant's reporting intrusion is an act by duty and the illegality is excluded by Article 20 of the Criminal Code.
Therefore, Defendant cannot be punished as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to Violation of Reporting (Article 3(1) and the proviso of Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act).