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(영문) 부산지방법원 2016.11.11 2016고정2291
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving BMW passenger cars.

On April 14, 2016, the Defendant driven the above car at around 16:55 on April 14, 2016, and driven the Busan Jin-gu C at a speed of 5 km per hour from the Busan Jin-gu Police Station to the direction of the direction of the city, which led to the above road in Busan Jin-gu and the above road in the front of the department in the direction of the city, which is crossing as the direction of the city.

In such cases, when the driver of a motor vehicle reduces the speed to the person who drives the motor vehicle, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, check the safety of pedestrians, and prevent the accident from occurring.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim E (the age of 36) who crosses to the right side on the left side of the crosswalk was immediately checked to avoid this, but the defendant's body was received from the victim's body in front of the car without being faced.

As a result, the Defendant suffered injury to the victim, such as crymal dystyphal salt, dystyphal dystye, etc., which requires approximately three weeks of medical treatment due to occupational negligence.

2. The Defendant asserts to the effect that the instant accident location does not constitute a crosswalk under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents as the instant accident location does not have a crosswalk meeting the installation standards set forth in the Enforcement Rules of the Road Traffic Act.

Article 2 subparagraph 11 of the Road Traffic Act provides that the term "road" means a part of the road indicated with safety signs so that pedestrians can cross the road, and Article 10 (1) of the same Act provides that the Commissioner of the Local Police Agency shall provide for the safety of pedestrians crossing the road.

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