The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged was around 10:00 on April 15, 2018, the Defendant driven C si on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, and driven C sib, along the speed of 3 lanes in the direction of electric farming distance from the surface of the D elementary distance.

At that time, the signal apparatus and crosswalk were installed near the intersection.

In such cases, all drivers have the duty of care to drive safely by checking the right and the left and right well.

Nevertheless, the defendant neglected the duty of her front direction, and found the victim E (the 17 years of age, south) walking the roadway to the right side from the left side of the defendant's running direction late, and operated it late, but the victim was not faced, and the front part of the defendant's vehicle was shocked to the road.

As a result, even though the Defendant suffered injuries such as salt, tension, etc. in the part of a saf that requires medical treatment for about two weeks due to occupational negligence, the Defendant escaped without taking necessary measures, such as taking relief measures at the site.

2. Determination

(a) For the purpose of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes in the relevant Act, the term “motor vehicle driver who has committed a crime under Article 268 of the Criminal Act due to traffic of the motor vehicle” means a person who has caused the death or injury of another due to occupational negligence or gross negligence caused by traffic of the motor vehicle, not includes a driver of the accident

(See Supreme Court Decision 91Do711 delivered on May 28, 1991). In the occurrence of a traffic accident, in a case where it is reasonable to believe that there is no abnormal behavior in light of the overall circumstances at the time when the abnormal behavior such as traffic offense by the victim or by a third party is opened in the occurrence of the traffic accident, the responsibility of the operator of the sea vehicle or the driver is denied unless there is no traffic offense causing the accident on the part of the perpetrator.