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(영문) 서울중앙지방법원 2019.08.22 2019고정156

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving Benz as a duty a passenger car.

On November 3, 2018, at around 12:35, the Defendant driving the said vehicle in front of the D University located in Seoul, and driving the vehicle in front of the D University at the E Hospital.

It is the place where a crosswalk without signal lights is installed.

When a driver of a vehicle intends to drive a crosswalk without signal lights, he/she has a duty of care to temporarily stop in front of the crosswalk and to safely stop if there is any person crossing the crosswalk, and to prevent the accident from smoke.

Nevertheless, by negligence of neglecting and proceeding, the defendant did not see that the victim F is crossing from the right side of the proceeding to the left side of the crosswalk, and it was shocked toward the right side of the above vehicle.

As a result, the defendant suffered injury to the victim due to occupational negligence in need of approximately six weeks of medical treatment, such as the transfer of the right trees to the right-hand trees, the transfer of the sponse, and the sp

2. The public prosecutor has instituted a public prosecution by applying Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act. According to the records, the defendant's vehicle is covered by a comprehensive motor vehicle insurance, and Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that the driver who has caused a traffic accident by his/her negligence in the course of business shall not be prosecuted against the driver who has caused an injury, but the same traffic accident shall not be prosecuted against the driver who has caused an injury, except in cases where such a traffic accident falls under the proviso of Article 3(2) of the same Act. Thus, Article 27(1) of the Road Traffic Act as provided by Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents at the time of the