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(영문) 수원지방법원 안양지원 2020.04.23 2019고단2603
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Class B-3 truck.

On July 15, 2019, at around 12:20, the Defendant stopped the above truck through the front sidewalk and the roadway in Seoul Jung-gu, Jung-gu, Seoul, and got off the cargo and passed off the sidewalk while driving down the cargo.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle so that the driver of a motor vehicle can not interfere with the passage of pedestrians after taking into account the driving direction well before driving the sidewalk.

Nevertheless, the Defendant neglected his/her duty to stop and shocked the victim E (the age of 76) who was waiting for the pedestrian signal of the crosswalk on the side of the road due to his/her negligence, and brought the victim E (the age of 76) back to the rear side of the said truck, and continued to go back to the left side of the said truck.

Ultimately, the Defendant suffered from a serious injury, such as credit brue, which requires medical treatment for about 14 weeks, due to the above occupational negligence.

2. The crime of non-compliance with judgment: The judgment dismissing a victim's dismissal of prosecution on March 4, 2020, which was after the prosecution under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 327 subparagraph 6 of the Criminal Procedure Act.

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