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(영문) 수원지방법원 안양지원 2015.04.10 2014고정1017
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a car in C Camp.

On May 12:20 on May 10, 2014, the Defendant driven the said car and turned down the two lanes ahead of the “pendend elementary school” located in the Pyeong-gu Pyeong-dong during the Anyang-si period from the Han-U.S. apartment to the middle distance from the Han-U.S. apartment.

The driver of a motor vehicle has a duty of care to check whether the driver of a motor vehicle is a child who has a large traffic for children walking and is in parking on the side of the road, and to check whether there is a child walking by reducing the speed and checking the right and the right and the right of the motor vehicle, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to do so and proceeded along on the left side of the driving direction, and went to the right side of the truck and the crosswalk, which are parked on the left side of the driving direction, and was placed to the front side of the victim D (five years old).

Ultimately, the Defendant caused the victim by negligence in the course of performing the above duties such as the discovery of detailed unknown details for about 12 weeks of treatment, and the power lines and damage to the surrounding land.

2. Judgment (Partial innocence and dismissal of prosecution);

A. Comprehensively taking account of the following circumstances acknowledged by each evidence duly adopted and investigated by this court as to whether the Defendant violated the duty of care to ensure the safety of children in the children protection zone, the evidence submitted by the prosecutor alone is difficult to deem that the Defendant violated the duty of care to ensure the safety of children in the children protection zone, and there is no other evidence to acknowledge otherwise

(1) Even according to the written statement of the victim, the accident in this case shall be the victim.

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