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(영문) 서울중앙지방법원 2018.12.21 2018고단7126
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving D buses.

On September 12, 2018, the Defendant driven the above bus around 23:40 on September 23, 2018, and led to the right-hand three-lanes of the three-lanes in front of the entrance distance of the city of the Gu, the area of which is located in the hill-ro, Gangnam-gu, Seoul, to the direction of the shot-ro distance from the direction of the shot-ro.

There are crosswalks where signal lights are installed on the front door, the vehicle signal was installed on the three-distance, and the Defendant was a driver signal for the stop of the vehicle, so the Defendant had a duty of care to check whether there is a person who gets on the front door well and to prevent the accident by driving safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and caused the victim E (55) who crossed the above crosswalk to the port from the right side of the defendant's direction by the negligence of driving the crosswalk in order to disregard and circumvent the stop signal as it is.

As a result, the Defendant suffered injury, such as flaging the body of the victim, which requires approximately 10 weeks of medical treatment due to the above occupational negligence.

2. Determination

A. Article 4 of the Road Traffic Act provides that the type, method of making, place of installation, and other necessary matters of signal apparatus shall be prescribed by Ordinance of the Ministry of Home Affairs, and Article 4 of the Enforcement Rule of the Road Traffic Act (hereinafter referred to as the “Rules”) provides that the location of signal apparatus shall be installed at the intersection or other roads deemed necessary by the Commissioner of the Local Police Agency, and the signal apparatus shall be installed at the front thereof. According to Article 6(2) and [Attachment 4] of the Rules, Article 6(2) of the Rules and [Attachment 4] of the Rules, the type, method, and installation standards of signal, etc., the signal apparatus shall be installed at the intersection or crosswalk in accordance with the standards for installation of traffic volume, etc., and pedestrian walking, etc. in addition to installing pedestrian walking, etc.

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