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(영문) 서울서부지방법원 2018.08.23 2018고단989
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of Cknife vehicles.

On November 3, 2017, the Defendant, around 02:40, driven the front road of Mapo-gu Seoul Metropolitan Government D in front of the Mali-gu at an elementary school of Mapo-si, along a one-lane distance from the Mapo-face surface of the Mapo-si.

At the time, the vehicle signal lights and crosswalks are installed at night, and at the same time, the vehicle signal was yellow on-and-off signals. In such a case, the driver had a duty of care to check whether there is any person on the road and to safely drive the vehicle by reducing speed and checking well the right and the right and the right on the road.

Nevertheless, the Defendant neglected to do so and proceed without looking at the right and the right and the right and the right, and found the victim E (39 years old) in the above intersection late, and did so to avoid this, and did not go beyond the road by the Defendant’s victim on the left side of the above car, and did not go beyond the road.

Ultimately, as of November 3, 2017 as of November 3, 2017, the Defendant suffered injury to the victim, such as “cerebral cerebrovascular surgery,” which requires approximately eight weeks of medical treatment, and filed a prosecution (as of March 30, 2018), by allowing the victim to be hospitalized in G hospitals located in the Sinyang-gu Seoul Western-si, Youngdong-gu, Seoul to undergo a 50-1 in the annual length of Seodaemun-gu, Seoyang-gu, Seoul to undergo a medical treatment during that period. As of February 27, 2018, the Defendant suffered injury to math and cerebral cerebrs, thereby making it impossible to make an independent daily life, thereby resulting in the need for continuous rehabilitation treatment.

2. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Damage on August 21, 2018, which was after the indictment of this case, pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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