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(영문) 대전지방법원 홍성지원 2018.12.11 2018고단684
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a CEX car.

On May 30, 2018, the Defendant driven the above car at around 16:23, and moved the front way of the entrance of the Gyeongnam apartment parking lot, which is located in the 15th office building of Chungcheong-gun, to the front door of the above apartment, from the above underground parking lot room to the lower door of the apartment.

At this time, there are frequent pedestrian traffic, such as residents in an apartment complex, and in particular, there is a place where the passage of children is anticipated, so in this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian or not by checking whether he/she is a pedestrian or not, and to accurately manipulate the steering and brake system, to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded to the left-hand side from the right-hand side of the Defendant’s boarding on the kickboard, and did not find the collision with the said car, and did not find the victim D(4) which was over the damaged floor, and had the right-hand side of the victim’s body part above the right-hand side of the said car.

Ultimately, the Defendant suffered approximately seven weeks of medical treatment due to the above occupational negligence, resulting in the victim’s alley felbry, etc.

2. Determination

(a) Crimes of non-violation of an intention: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. On November 19, 2018, after the institution of the instant prosecution, a written agreement stating the victim’s non-existence of punishment was submitted.

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

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