(영문) 광주지방법원 목포지원 2015.02.09 2014고단1147

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(영문) 광주지방법원 목포지원 2015.02.09 2014고단1147

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving a rocketing taxi.

Around 07:40 on April 18, 2014, the Defendant: (a) driven the above taxi and driven the front side bridge of the victim on the right side of the crosswalk installed at the front side of the said elementary school while driving the front road of the said elementary school into the front side of the said elementary school at the new apartment protection zone; (b) due to the negligence in violation of the signal, the Defendant driven the victim D (the age 15) who was late back to the right side of the road along the crosswalk in the direction of the Defendant’s course, and due to the failure to stop, caused the victim’s right side bridge to the front side of the said taxi.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of the upper end of the upper end, which requires approximately eight weeks of treatment.

2. According to the accident motion picture CD (Evidence No. 1 and black image) submitted by the Defendant, it is recognized that the victim, at the time and place specified in the above facts charged, when the signal apparatus of the vehicle in the crosswalk was sent to the victim, he/she has a conflict with the Defendant’s driver’s rocketing taxi at a place far away from the crosswalk, and that the victim’s statement at the investigative agency, which seems fit for the above facts charged, is difficult to believe as it is.

Therefore, Defendant cannot be punished as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents under Article 3(1), proviso of Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act. Only a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act can be established. According to Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, in cases where a vehicle which caused a traffic accident has entered into a mutual aid agreement under Article

According to the record, the defendant's driver's rocketing taxi is above.

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