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(영문) 서울서부지방법원 2017.11.16 2017고단779
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaged in driving Cunst motor vehicles.

around 15:00 on February 15, 2017, the Defendant 4-100 in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, had a road of 606 Dong-do in front of the 606 Dong-do, Pyeong New Town 6, which is about 15 km in Si/Gun-do, from the 6rd area of the 15 km away from North Korea.

There are frequent traffic of children in a children protection zone, and the opposite side of the defendant's moving direction is a bus stop, leaving a bus stop, and there are many people crossing without permission on the opposite lane. In such a case, the driver has a duty of care to ensure the safety of children by reducing speed and properly examining the right and the left and right of the bus, and to ensure the safe operation by checking the right and the left and right of the vehicle so as not to conflict with those who cross without permission on the opposite lane.

Nevertheless, the defendant neglected this and found the victim D (7 years) who crosses the right side from the left side of the running direction of the defendant without due care for the traffic of children, and did not avoid it, and did not receive it, and received the part of the victim's bridge from the front part of the driver's car to go beyond the floor.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during the 12-day period of medical treatment.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court as to whether the Defendant violated the duty of safety care for children in the children protection zone and the following circumstances recognized by the relevant statutes, the evidence submitted by the prosecutor alone led the Defendant to the bodily injury of the victim by violating the duty of safety care for children in the children protection zone.

There is no other evidence to acknowledge it.

(1) The Defendant is the place where the instant accident occurred.

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