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(영문) 의정부지방법원 2019.08.26 2019고단2832

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving of freight of Bwing and 3 ton.

On March 20, 2019, the Defendant driven the above cargo vehicle at around 13:30, while driving at around 13:30, along the two-lane road in front of C in southyang-si, along the two-lanes from the west Eup to the west-si.

Since there was a place where road works were conducted, there was a duty of care to prevent accidents in advance by reducing speed to drivers and driving safely by driving safely.

Nevertheless, the Defendant neglected to do so and did not properly look at the front door and proceeded at the same speed, and was in the front part of the above cargo vehicle, which the Defendant driven by negligence, and received the shock absorption unit in the above construction site.

Ultimately, the Defendant caused a serious injury to the victim D (year 42) who was on the top of the above cargo vehicle due to the above occupational negligence, due to approximately 12 weeks of medical treatment.

2. Determination

(a) Crimes of non-compliance with intent: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. After the prosecution of this case, the victim D was not subject to punishment.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;