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(영문) 대전지방법원 2018.12.18 2018고단3236

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle E-car.

On August 10, 2018, the Defendant driven the above vehicle at around 09:40 on August 10, 2018, and moved the front road of 3 modern motor vehicle services, 505,00,000,000 from the front elementary school to the right-distance divers from the front elementary school.

At the time, the driver of the vehicle was in a situation where the vehicle entered the road to make a right-hand, and there was a crosswalk at the right-hand. In such a case, the driver of the vehicle had a duty of care to safely make a right-hand, after checking the right-hand side before the right-hand.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded along as is, the Defendant shocked from the right side of the front side of the road to the front side of the victim F (78 tax) who walked along the bicycle lane of the side crosswalk as the left side of the front side of the road of the Defendant, and caused the victim to suffer a double-duplicated treatment for about 8 weeks.

2. Determination

(a) Punishment Acts and subordinate statutes: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (a)

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

(c) Cancellation of complaint after institution of public prosecution: Agreement submitted on November 21, 2018;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;