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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who is engaged in driving service B.
Around 14:48 on July 17, 2013, the Defendant driven the above vehicle and proceeded at a speed of about 10 km from the Cheongdogggm to the speed of about 10 km from the Cheongdoggm, Yangcheon-gu, Seoul.
Since there is a pedestrian crossing, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to prevent accidents, such as operating the steering direction and the brake system accurately and safely.
Nevertheless, due to the negligence that the Defendant neglected this and did not confirm whether there is a person to build a road on the front side and the right side and left side of the road, the Defendant found the victim C ( South and 7 years old) who crosses the road near the crosswalk to the right side of the vehicle in which the Defendant was placed, delayed detection of the victim C (the South and 7 years old) and operated the road, but failed to avoid this situation, and caused the victim to go beyond the victim's bridge on the left side of the vehicle in which the Defendant was placed.
As a result, the Defendant suffered from the injury of the victim's deadly flachising species, etc., which was uncertain after the brusal activity was caused by the occupational negligence, thereby causing the risk of life, causing the flachising, or causing the incurable or incurable disease.
2. According to the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the instant facts charged are not prosecuted if a vehicle which caused a traffic accident is covered by a comprehensive insurance. However, the proviso subparagraph 2 of the same Article is an exception if the victim suffers a serious injury, and the prosecutor determined that the victim suffered a serious injury, and brought a prosecution against the Defendant, even though the
Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.