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(영문) 부산지방법원 2018.06.21 2018노1088
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: ① the victim was crossing the crosswalk, ② there was no one child around the accident at the time of the accident; ③ the victim’s left side was not faced with the vehicle in which the defendant driven, but the court below found the defendant guilty by negligence in the course of his duties that caused the injury while driving the crosswalk in violation of the duty to protect pedestrians in the crosswalk in the children’s protection zone, and sentenced the defendant guilty. The judgment of the court below is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving a motor vehicle with sod vehicle B.

On October 28, 2017, the Defendant driven the above vehicle around 16:40 on April 28, 2017, and resisted a crosswalk with no signal, etc. to cross-road crossing near the afterman-dong of the Yyang elementary school located in Busan Northern-dong at the speed of about 20km as soon as possible at the speed of about 3 main apartments.

It is a place where there is no signal signal, and it is a child protection zone, so in this case, the driver of the vehicle has a duty of care to check whether there is a child, to check whether there is a child, and to drive the crosswalk safely.

Nevertheless, the defendant neglected to temporarily stop and did not stop it, and instead proceeded to the right side of the victim C (the age of 11) crossing the crosswalk on the right side of the direction side of the proceeding, which is the top of the victim C (the age of 11).

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury on the left-hand side, which requires approximately three weeks of medical treatment.

B. The lower court’s determination is based on the following circumstances, namely, ① the instant accident site is a child protection zone as the next place to an elementary school, and the time of the accident is around 16:40.

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