(영문) 춘천지방법원 2018.02.22 2017고단989

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(영문) 춘천지방법원 2018.02.22 2017고단989

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car Bte.

On January 11, 2017, the Defendant, at around 13:30, proceeded in front of a D cafeteria located in Chuncheon City C, with an artificial breadth protection area from the Sacheon-gu Sacheon-si.

Since there is a blind distance without a signal on a crosswalk installed, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the crosswalk, and to drive safely.

Nevertheless, the victim F(21) was placed in the D cafeteria from the E apartment room to the D cafeteria due to the negligence of neglecting it and driving it as it is. The victim F(21) was placed in the front part of the said car.

Defendant 1 suffered approximately six weeks of treatment due to the above occupational negligence from the victim’s left side 2, the third middle ridges, etc.

2. Determination

A. According to the evidence, it is recognized that the Defendant committed an injury resulting from a negligence of violating the duty of the preceding week during driving a car at the time and place specified in the facts charged, resulting in an injury requiring approximately six weeks of medical treatment.

However, the key issue is whether the Defendant’s instant act constitutes “the case of driving a vehicle in violation of the duty to protect pedestrians at a crosswalk pursuant to Article 27(1) of the Road Traffic Act” under Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

B. The driver of a vehicle violates the duty to protect pedestrians in a crosswalk pursuant to Article 27(1) of the Road Traffic Act, and if the result of the bodily injury occurs, the act of the driver falls under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The act of the driver of the vehicle constitutes the act of the driver of the crosswalk pursuant to Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The act of the driver of the vehicle constitutes a direct cause between the driver

참조조문

-교통사고처리 특례법 제3조 제2항

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