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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged was that the Defendant driven a car owned by himself as a person driving a car for CMW on duty, driving the above vehicle around 19:10 on August 26, 2016, and driving it at around 270 on August 26, 2016, in the direction of the entrance of the shop entrance of the distributor at the middle school located at the front of the 107-dong, Seocho-gu, Seoul.
A crosswalk is installed in front of the settlement site of the commercial entrance in the accident site, and at the time, the victim D(5) is crossing the above crosswalk, so the person engaged in driving service has a duty of care to reduce speed and safely drive the road and prevent the accident by driving it safely.
Nevertheless, the defendant neglected to do so and led the victim's walked on the right side from the left side of the above vehicle to the front right side of the above vehicle.
As a result, the Defendant suffered injury to the victim during the above occupational negligence, such as “satisfying, closing, and proposing satisfying,” which requires the victim to receive approximately six weeks of diagnosis.
2. The Defendant asserts to the effect that the instant accident location does not constitute a crosswalk as stipulated under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, since the crosswalk is not installed at the location of the instant accident, which meets the installation standards set forth in the Enforcement Rule of the Road Traffic Act.
Article 2 subparagraph 11 of the Road Traffic Act provides that the term "road crossing" means the part of a road marked with safety signs so that pedestrians can cross the road, while Article 10 (1) of the same Act provides that the Commissioner General of the National Police Agency of the Korean National Police Agency of the Korean National Police Agency may install crosswalks in accordance with the standards prescribed by Ordinance of the Ministry of Government Administration and Home Affairs for the safety of pedestrians crossing the road
Article 11 of the Enforcement Rules of the Road Traffic Act provides for the installation standards of crosswalks.
In this case.