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(영문) 서울북부지방법원 2016.05.12 2015노2035
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. 항소 이유의 요지 이 사건 당시 택시 승객인 F는 원심 법정에서 ‘ 뒤에서 쿵 소리가 나는 것을 들었다.

When considering the victim’s actual walking habits and the actual location of the victim at the time of the accident, the Defendant is proved to have taken the victim’s right hand hand hand on the right side of the taxi operated by the Defendant as part of the right side of the taxi vehicle as stated in the instant facts charged by occupational negligence.

Nevertheless, the court below rendered not guilty of the facts charged in this case based on the response of the Road Traffic Authority. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The summary of the facts charged in the instant case is a person engaging in driving a rocketing taxi.

On July 23:43, 2014, the Defendant driven the above taxi and moved to the right bypassing the history distance of the household in front of the Seoul Western-gu Seoul Metropolitan Government into the front apartment bank of the Myeong-gu in the area of the Myeong-gu and the second apartment bank of the area of the Myeong-gu in the area of the Myeong-gu.

Since the place is in which a crosswalk is installed, there was a duty of care to check whether there is a person to walk the crosswalk by reducing speed and by properly examining the right and the right and the right of the driver of the vehicle, and to stop the accident in a way that does not obstruct the passage of pedestrians, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and entered the crosswalks on the side of the second apartment of the side trees, and was negligent in entering the crosswalks on the side of the second apartment of the side trees, and received from the right side of the victim E, who opened the crosswalks to the left side of the crosswalks in accordance with the pedestrian signals, as the right side of the Defendant’s vehicle.

After all, the Defendant suffered from the above occupational negligence that the victim suffered from the right side, other hand and hand in need of treatment for about two weeks.

3. The lower court’s determination is based on the following circumstances acknowledged by the records of the instant case.

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