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(영문) 인천지방법원 부천지원 2018.12.13 2018고정838

교통사고처리특례법위반(치상)

Text

The defendant shall be innocent.

Reasons

1. 공소사실 피고인은 B 포터∥ 화물 차의 운전업무에 종사하는 사람이다.

On August 24, 2018, the Defendant driven the above vehicle at around 09:57, and proceeded along the road, which is one-lane, from the center of the public health clinic in the city of Bupyeong-si, the intersection of the 67-lane from 366-gil to the central intersection.

Since the place was marked on a stop line immediately before entering the crosswalk in the front direction, there was a duty of care to prevent accidents in advance by driving the vehicle safely on the part of the driver of the vehicle, such as: (a) temporarily stop the stop line before entering the crosswalk in accordance with the safety mark; and (b) checking whether there is a person who gets to walk up the road in the front direction or whether there is a vehicle entering the intersection in another direction; and (c) to ensure that the driver of the vehicle has a duty of care to prevent accidents in advance.

Nevertheless, if the defendant neglected this and did not stop, the victim C (hereinafter referred to as 63 years old) who makes a right-hand turn on the left-hand side of the EXE car, which is driven by the defendant, was the back-hand side of the EXE car operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. According to the evidence of judgment, the fact that the defendant did not temporarily stop in the stop line and proceeded as it is is is recognized.

However, the stop indication at the intersection of this case seems to be aimed at preventing a collision between pedestrians passing the crosswalk installed at the intersection and vehicles entering the right side of the direction of the defendant, and it does not seem to be aimed at preventing a collision with vehicles entering the left side of the direction of the defendant, such as the victim. Thus, the defendant did not comply with the stop indication.