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(영문) 부산지방법원 2016.04.20 2016고단196

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On May 16, 2015, the Defendant driven a B-wheeled vehicle, and proceeded the four-lanes between the four-lanes near the 3-lane in the parallel parallel in Busan, Seoam-gu, Busan, about May 16, 2015, following the two-lanes of the victim C ( South, 70 years old) driving from the northwest through the intersection in the northwest of the citizen park, to the intersection in the northwest of the city.

In such cases, the driver has a duty of care to prevent the accident by securing the necessary distance to avoid the collision with the vehicle ahead of it when the vehicle ahead of it stops suddenly.

Nevertheless, the defendant neglected this, while driving a vehicle at the front four lanes of the victim's wheels, in order to avoid oils, such as vehicle so scattered on the road due to the preceding accidents, etc., on the two-lanes of the victim's driving, the defendant did not avoid an excessive distance from the damaged vehicle, and the part in front of the victim's wheels vehicle was shocked to the front part of the victim's wheels vehicle, so that the victim exceeded the road floor.

As a result, the Defendant suffered injury to the victim in the ground of laver laver laver laver laver laver laver laver that requires approximately eight weeks of treatment.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. The victim expressed his intention not to punish him after the prosecution of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)