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(영문) 부산지방법원 동부지원 2016.10.19 2016고정227
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives Cwing III cargo vehicle.

On August 2, 2015, the Defendant driven the above vehicle on August 2, 2015, and moved the crosswalk between the E pharmacy and Fmat in South-gu D to the right-hand bank from the 2nd room of the Dong community service center.

Since there is a crosswalk without a signal apparatus and a place with frequent traffic of ordinary pedestrians, there was a duty of care to protect pedestrians in order to ensure that there is a pedestrian who has a walk through the crosswalk, and that there was a duty of care to protect pedestrians so as not to be shocked.

Nevertheless, by negligence, the defendant neglected this and tried to move ahead of the two vehicles stopped on the right side of the running direction, and did not find out the victim G (W, 52 years old) who was standing along the crosswalk from the right side of the course to the left side of the road, and went out to the road by shocking the victim into the right side of the driving vehicle of the defendant, and caused a traffic accident that causes the victim's left side to the right side of the road.

Therefore, the victim suffered the injury that requires medical treatment for about 12 weeks, such as the combination of flags in the left-hand flag and the flag.

2. The non-guilty part

A. The victim and the defendant made a statement contrary to the victim's statement (1) stated that, while walking on the crossing, the cargo driven by the defendant was overtakened by the two vehicles stopped by the defendant (hereinafter referred to as "on arrival"). The victim also stated that he/she shocked the vehicle on the crosswalk, and that he/she exceeded his/her own seat on the crosswalk, and that he/she left the wheels on the right side of the harming vehicle.

(2) In order for the Defendant to make a right-hand turn to the right-hand turn, the Defendant proceeded ahead of one vehicle which was stopped in front of the Defendant’s attempt to turn to the left, and the front part of the vehicle stops at a certain point of the crosswalk, and check whether the vehicle is coming from the left-hand side.

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