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(영문) 대구지방법원 2017.09.14 2017고단3421
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is a person who is engaged in driving of Bone Starsch Rexroth.

On December 20, 2016, the Defendant driven the above vans around 10:00 on December 20, 2016, and led to the progress of the front road of the Samcheon-dong, Daegu Suwon-ro, 288, in front of the Samcheon-gu apartment.

At the same time, there is a crosswalk where signal lights are installed, so in such cases, the driver of the vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the right and the right and the right of the driver of the vehicle, and to safely drive the vehicle.

Nevertheless, when the defendant neglected this and operated it by negligence while neglecting his duty at the front of the front bank, the defendant received the victim C (78 tax) who crosses the crosswalk without permission from the right side of the defendant's running direction to the left side of the road and exceeded the ground.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as brain damage without an open room in the head requiring approximately 12 weeks medical treatment.

Maz.

1. Crimes of non-violation of an intention: Article 3 (1) and the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

2. On April 6, 2017, prior to the instant indictment, the victim already expressed his/her wish not to punish the Defendant.

3. Judgment dismissing a public prosecution: Article 327 subparagraph 2 of the Criminal Procedure Act.

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