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(영문) 창원지방법원 통영지원 2014.05.30 2013고단965
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a rocketing car.

On June 28, 2013, the Defendant driven the above car at around 21:20, and turned down from the 317-3 parking lot adjacent to the Jinnam Advertising-dong 317-3, Young-do to the second line adjacent to its location.

At the time, there was a report at night, and there was a duty of care to temporarily stop immediately before crossing the report to a person engaged in driving a motor vehicle, and to prevent the accident in advance by driving the motor vehicle after living well.

Nevertheless, the Defendant neglected to do so and got the part of the victim D (the age of 46)'s right selling part of the victim D (the age of 46) that was left on the report due to the negligence of proceeding.

Ultimately, the Defendant suffered from the victim’s occupational negligence with approximately four weeks of medical treatment on the right side in need of medical treatment.

2. According to Article 2 subparagraph 10 of the Road Traffic Act, the term "road" means the part of a road, demarcated by a curb line, safety sign, or other artificial structure similar thereto for pedestrian traffic.

According to the following: (a) the accident site of this case is a place where the sidewalk block is removed and concrete packaging is damaged in order to facilitate vehicle traffic along the building that is the Jinnam Advertising near the building; (b) there is a sidewalk divided into the sidewalk and the sidewalk block before and after the above concrete packing part; (c) while the above concrete packing part is cut off, there is no safety signs distinguishable from the roadway; (d) there is no artificial structure separate from the roadway and the sidewalk, and there is no difference between the roadway and the roadway.

Therefore, the point of accident indicated in the facts charged of this case is the point.

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