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(영문) 대구지방법원 경주지원 2016.11.09 2016고정211

도로교통법위반

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The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person driving the horse.

On May 7, 2016, the Defendant driven a horse at around 1:30 on May 7, 2016, and turned to the above road from the math of the Defendant’s office, on a road without distinguishing the lanes from those front of the Defendant’s office in the racing-si.

The place is a narrow road that has no lane in the house and has a dry field on one side. In such a case, there was a duty of care to check whether a person engaged in driving service has a vehicle driving around the surrounding area by checking well the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not care well the right side, and did not see it, and instead proceed from the right side of the course to D from the right side of the victim E, who was driving from C to D from the right side of the course, received the part behind the right side of the F EF Laol car, following the left side of the horse.

Ultimately, the Defendant damaged the said rocketing car by occupational negligence to cover KRW 1,292,988 of the repairing cost.

2. Determination of applicable provisions of Acts: Article 151 of the Road Traffic Act: Dismissal of public prosecution on July 25, 2016 after the prosecution of this case under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 327 subparagraph 6 of the Criminal Procedure Act;