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(영문) 광주지방법원 목포지원 2016.05.13 2016고단58

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving of a vehicle with C low-priced typ.

On July 18, 2015, the Defendant driven the above car at around 20:35, while driving it, the Defendant continued to drive the above car on a one-lane road in front of the Handong Village in Pyeongtaek-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Seopung-gun, Seopung-do, at the seat of the head bathing beach.

In this case, a person engaged in driving duty of a motor vehicle has a duty of care to safely drive the steering system and brake system by properly operating the steering system and steering system.

Nevertheless, the Defendant neglected this and did not discover the victim D (V, 68 years old) who was walking on the front side of the Defendant, and caused the damage to the victim with the front part of the passenger car operation chief.

As a result, the Defendant suffered serious injury, such as paralysis, in which the number of days of treatment cannot be known to the victim due to such occupational negligence.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, it is recognized that the victim expressed his/her intention not to be punished against the defendant on April 20, 2016, which was after the institution of the instant prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.