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(영문) 대전지방법원 서산지원 2014.01.09 2013고단149
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle in CM5.

On October 31, 2012, the Defendant driven the above vehicle on October 17:10, 2012, and driven the two-lanes in front of the original intersection road located in the original intersection of the Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and driven the two-lanes from the original middle school to the original middle school at an irregular speed.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and got the victim D (the age of 11) who crosses the crosswalk from the left-hand side to the right-hand side in accordance with the pedestrian signals due to his negligence in violation of the signal, and got the victim D (the age of 11) to go beyond the ground.

As a result, the Defendant suffered injury to the victim, such as a frame of dubing the right side in need of treatment for about 12 weeks from the above occupational negligence.

2. Determination

A. The defendant and his defense counsel asserted that, while proceeding in accordance with normal signals, only shocked the victim without permission, and that the defendant violated the signal or did not shock the victim among the pedestrian signals on the crosswalks.

B. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

Therefore, considering the following reasons, the defendant is only the evidence submitted by the prosecutor, such as the victim's statement, etc.

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