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(영문) 서울동부지방법원 2018.07.11 2018고단1847

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving service forkive drivers.

On May 4, 2018, the Defendant driven the above vehicle around 03:27 on May 4, 2018, and led to C front roads located in the Songpa-gu Seoul Metropolitan City B market to C front sides from Seoul Cheong-gu and Myeon.

In such cases, a person engaged in the driving of the forek vehicle shall accurately operate devices such as the steering gear, brakes, etc. of the forek vehicle, shall not drive it at a speed or in such a manner as to inflict any danger and injury on others according to the traffic situation and the structure and performance of the forek vehicle, and has a duty of care to prevent accidents in advance by driving it well and safely.

Nevertheless, the defendant did not discover the victim D who towed the water course from the right side of the course due to the negligence that he did not neglect the water course at the front of the front, and caused the victim's right side side of the said fork to the right side.

Defendant 1 suffered injury to the victim, such as the 5-day garregrative peltoma, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

2. The instant facts charged 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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act. According to the records of the instant case, on July 11, 2018, after the instant indictment was instituted, a written agreement was submitted that the victim expressed his/her intention not to have the victim punished.

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.