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The prosecution of this case is dismissed.
Reasons
The defendant is a person who is engaged in driving a motor vehicle B with low-speed.
On January 30, 2020, the Defendant driven the said car at around 06:20, while driving the said car at around 06:20, the Defendant driven the driving distance prior to D Elementary School C in Kimcheon-si, along the two-lane road from the jurisdiction of the Kimcheon Police Station to the direction of Kimcheon- Station.
At night, there was a crosswalk at the front, so there was a duty of care to prevent accidents in advance by accurately operating and safely driving the steering right and the steering gear for the person engaged in the driving of motor vehicles.
Nevertheless, the Defendant neglected to do so and proceeded with the pedestrian red signal and received the victim E (AW 71 years of age) who has dried the road on the crosswalk in front of the said car.
Ultimately, the Defendant suffered from a serious injury, such as a 18-day therapy, to the victim due to the above occupational negligence.
Judgment
The proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that the special provisions on punishment shall not apply to cases where a victim is insured or subscribed to a mutual aid agreement under the main sentence of Article 4(1).
On the other hand, Article 3(2) of the same Act provides for the crime of injury resulting from a vehicle's occupational negligence as a crime of no punishment of no punishment of no punishment of no punishment of no punishment of no punishment of no punishment of a crime of no punishment of a crime of no punishment of a crime of no punishment of a crime of no punishment of a crime of no punishment against a victim.
Therefore, the driver of the vehicle commits the crime of injury by occupational negligence due to the traffic accident, and the risk of the victim's life occurs, the victim is not able to do so, or the disease of the save or the save.