교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, although the Defendant was found to have caused the instant traffic accident by violating his duty on the front bank and the left-hand side, the lower court found the Defendant not guilty of the instant facts charged. The lower court erred by misapprehending the legal doctrine on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents
2. Determination
A. On December 6, 2013, the Defendant, at around 17:00 on December 6, 2013, driven a D observer car and proceeded at a speed of about 20 km from the side of the community credit cooperatives to the nearest children protection zone of the F market located in the south-gu Busan, Busan.
Inasmuch as an elementary school around this place had frequent pedestrian walking, there was a duty of care to see the right and the right and the right and the right of the child and to drive safely while paying attention to the safety of children, since children can cross the road at any time.
Nevertheless, the Defendant neglected this and neglected the duty to see on the left side in the children's protection zone, and neglected the duty to see on the left side of the Defendant's course, and received the victim H (Y 9 years old) who was crossing from the left side of the Defendant's course to the right side of the Defendant's driver's car.
Ultimately, the Defendant suffered injury to the victim, such as the so-called the left-hand bed and the so-called bed, the so-called bed, the so-called bed, the so-called bed, and the so-called bed.
B. The lower court’s judgment, based on the records, follows: (a) the Defendant was driving a narrow road of 3.5 meters in width at the time of the accident; (b) the victim was faced with the wheels front of the left-hand side of the Defendant’s driver’s car while she was set up in the nearby fireworks; and (c) at the time the fireworks house was installed with vinyl laver for the purpose of sounding.