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(영문) 서울중앙지방법원 2018.04.27 2018고단484

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a rash vehicle B.

On October 20, 2017, the Defendant driven the above car at around 06:08, and proceeded two lanes on the two-lane road in the southnam-gu Seoul Special Metropolitan City, Seoul, the southnam-ro, which is located in 1573-1, into an identity market room at the south of Seoul, while driving the said car at the speed of the unfolded string distance at the intersection.

At the same time, the crosswalk and signal are installed, and the pedestrian signal in the crosswalk was green signal at the time when the defendant was bypassing. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by properly manipulating the traffic situation, such as whether the driver of the vehicle is a person crossing the crosswalk, or a bicycle, soil, etc. passing along the crosswalk by reporting pedestrian green signal, and whether the driver of the vehicle is a bicycle, sand, etc., and driving the steering system, brakes, etc. of the vehicle.

Nevertheless, the Defendant was negligent in driving the crosswalk as is, while driving the crosswalk at the right-hand side of the direction, found and immediately driven the bicycle of the victim C ( South, 83 years old) driving along the crosswalk at the right-hand side of the direction, but did not avoid the victim, and was faced with the right-hand side of the above victim and the victim's bicycle driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, i.e., in light of the fact that the victim suffered from an injury to the victim, i.e., in light of the fact that there is no room to treat the victim for about eight weeks

2. Dismissal of public prosecution;

(a) Crimes of non-violation of intention (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. After the prosecution of this case, the victim C expressed his intention not to punish him

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)