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(영문) 수원지방법원 2016.06.29 2016고단1565
교통사고처리특례법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in driving a car in CSpo-type.

On January 23, 2016, the Defendant: (a) tried to stop the three-lane road in the direction of the road from the shooting distance to the direction of the road. On January 23, 2016, the Defendant was at a crosswalk where there is no pedestrian signal, etc.; (b) in such cases, the person engaged in driving service had a duty of care to safely drive the road by reducing the speed and checking the right and the right and the right of the road and checking whether there is a person who sets the crosswalk.

Nevertheless, the defendant neglected this and caused the victim D (the remaining and the age of 61) to go against the right side of the vehicle driven by the defendant due to negligence that entered the right side of the crosswalk as it is.

As a result, the Defendant suffered from the injury of light salt, etc., which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. Determination

A. The facts charged in a criminal trial must be proven by the prosecutor, and the conviction for guilt should be based on evidence of probative value sufficient to have a judge feel true beyond a reasonable doubt. Unless there is such evidence, the judgment of guilt should be based on the benefit of the defendant even if there is a suspicion of guilt against the defendant.

B. The following circumstances are acknowledged by the evidence duly adopted and examined by the court: (i) the Defendant temporarily stopped on the edge of the crosswalk installed at the entrance of the right side of the road stated in the facts charged and attempted to enter the crosswalk from the roadway to the crosswalk; and (ii) according to CCTV images installed in the above gender party.

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