2010Gohap3649 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

This0 (84**************).

Daegu Northern-gu OOdong 00 apartment 000 Dong 000

Daegu District Court 00 00 Dog 000

Encouragement failure

Attorney 000

November 11, 2010

The accused shall publicly announce the summary of the judgment of innocence.

1. Facts charged;

On January 29, 2010, the Defendant driven a cargo vehicle at around 13:58, while driving the truck, and led the road in front of the 000 00 O-dong in Daegu Northern-gu to the alley market from the direction of the bed elementary school. At this point, a crosswalk without signal apparatus has been installed. In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to temporarily stop and check whether there is a person crossing the road and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and went through the crosswalks, caused injury to the victim, such as acute cerebral cerebral typosis, which requires treatment for about 20 weeks, by shocking about 00 (the age of 67) of the victim, who was trying to stand on the right side of the above cargo vehicle. Accordingly, the Defendant caused a imprisony or incurable disease, such as the brue that the brue becomes the brue.

2. Determination on evidence

As stated in the facts charged in the instant case, the examination and treatment certificate, actual condition survey report, field photographs, etc. are examined as to whether the Defendant temporarily stops and did not properly examine whether the Defendant was at fault, as stated in the instant facts charged, and there is no evidence to prove the fact that the Defendant was at fault, even though there was no evidence to acknowledge that there was any negligence on the part of the Defendant.

[In light of the witness Kim -0's legal statement and the above evidence, the cargo of this case and the bicycle of this case are back to the right side of the cargo of this case. The cargo of this case and the bicycle of this case are almost no shocking trace of shock on the cargo of this case, the shocking point is deemed the cargo of this case, and the cargo of this case is the entry side of the crosswalk. The bicycle of this case is the middle point of the crosswalk, the cargo of this case is the middle point of the crosswalk, the speed of the cargo of the cargo of this case is about 20 to 40km, and the speed of the bicycle cannot be known, but the cargo of this case cannot be loaded more than the cargo of the road, and the victim is not crossing the bicycle of the bicycle of this case

Therefore, the defendant's cargo vehicle is not sufficient for the victim's bicycle, but for the victim's bicycle, the victim's bicycle has already entered the crosswalk and the defendant's cargo vehicle was shocked.

3. Conclusion

Thus, since the facts charged in this case constitute a time when there is no proof of crime, the defendant should be acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of this decision should be announced in accordance with Article 58(2) of

Judge Cho Jae-lin