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(영문) 대구지방법원 서부지원 2019.06.12 2018고단2839
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of prosecution by the public prosecutor;

A. The Defendant is a person engaging in driving a B-learning passenger car.

On August 10, 2018, the Defendant: (a) around 23:50 on August 10, 2018, when the Defendant turn to the left at the direction of the E market in the Dolle of Seogu C, the location is an intersection without signal apparatus, and the crosswalk is installed on the side road. Therefore, the Defendant had a duty of care to check whether a person engaged in driving service has a duty of care to safely drive the road by reducing speed and checking the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and caused injury to the victim F (the 47 years of age, female) who walked above the crosswalk as the front part of the vehicle due to the negligence of left-hand turn, and suffered injury to the victim, such as a credit-free propoper-off, a light felon, and a right hump, which require treatment for 10 weeks.

B. The prosecutor filed the instant prosecution by applying Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act to the above charged facts.

2. Determination

A. The proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that "in the case of operating a vehicle in violation of the duty to protect pedestrians in a crosswalk under Article 27(1) of the Road Traffic Act" shall not apply to cases where the main sentence of Article 27(1) of the same Act concerning the crime of violating the duty to protect pedestrians shall be applied, and Article 27(1) of the Road Traffic Act provides that "in the case where pedestrians (including a bicycle driver who gets off a bicycle and walk the bicycle in accordance with Article 13-2(6) are passing along the crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk (referring to the stoppage line at the place where the stoppage line is marked) so as not

The purpose of the Road Traffic Act is to prevent all dangers and obstacles to traffic.

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