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(영문) 춘천지방법원 강릉지원 2019.03.20 2019고단20
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving B dump trucks.

On September 15, 2018, the Defendant driven the above truck on September 13:15, 2018, while driving a three-lane road near D's shooting distance in the East Sea, the Defendant was moving by right along three-lanes in the direction of moving from E apartment room.

At the time, since the defendant was installed a crosswalk in the direction of the right-hand line, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and the steering gear, stopping the motor vehicle in front of a temporary stop line, checking well whether there is a person passing the crosswalk or a bicycle, etc., preventing the collision and allowing him/her to pass first if there is a bicycle.

Nevertheless, the victim F (10 years of age) who was crossing a bicycle on the above crosswalk is not found without any negligence, and the above victim was found to be the front right side of the above truck due to negligence before reducing the speed or temporarily stopping without temporarily stopping.

The Defendant, by its occupational negligence, suffered injury on the part of the above victim, on the part of the 14 weeks left-hand aggregates and non-alley executives in need of medical treatment, by causing the injury of the fluoral or fluoral ties by cutting down the fluoral aggregate of all species, the closure of the left-hand fluoral aggregate, the closure of the upper-hand fluoral aggregate, the upper-hand fluoral aggregate of the upper-hand fluoral fluor, the upper-hand fluoral aggregate of the upper-hand flus

2. Determination of applicable provisions of Acts: No public prosecution shall be instituted against the express will of the victim because the case does not fall under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) of the Criminal Act, Article 268 of the Criminal Act:

In accordance with Article 4 (1) (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the victim's body.

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