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(영문) 서울중앙지방법원 2021.01.15 2020고단6611
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving B-II cargo vehicles.

On July 11, 2020, the Defendant driven an above cargo vehicle around 09:00, and driven a two-lane road in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along the two-lanes, along the new-lanes of disease control, according to the red stop signals.

The pedestrian signal apparatus was installed at the front of that place, and in this case, the driver of the vehicle had a duty of care to safely drive the vehicle by accurately manipulating the front right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the vehicle.

Nevertheless, the defendant neglected his duty at the front of the cargo and caused a green progress signal as is, due to the negligence of driving ahead of it, the defendant started crossing the pedestrian crossing on the above crosswalk, and changed the middle signal to the prohibition of pedestrian walking, and continued to cross the right side from the left side to the right side of the victim E (79 ) who continued to cross the road on the left side, and caused the shock to make the above victim go beyond the ground.

Ultimately, the Defendant caused the above victim by occupational negligence to suffer approximately 12 weeks of medical treatment.

2. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning the facts charged of judgment: A judgment dismissing a public prosecution on December 1, 2020 after the institution of public prosecution: Article 3(2) main sentence of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 327 subparag. 6 of the Criminal Procedure Act (when a person expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention of the victim, or where a person expresses his/her wish not to punish a case which cannot be prosecuted against the clearly expressed intention of the victim, or where the declaration

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