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(영문) 부산지방법원 동부지원 2016.02.01 2015고정1053

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On April 18, 2015, the Defendant, at around 05:45, driven a BRavi other car and proceeded along a two-lane road in front of the traffic of the CJ in the Southern-gu Busan Metropolitan City, along the one-lane road from the port side of the road at the front of the traffic of the CJ in the south-gu, Busan, the Defendant has a duty of care to prevent an accident by properly operating the front left and right and the right of the front left and the right of the vehicle, and by properly operating the steering system.

Nevertheless, the Defendant was negligent in driving the vehicle while neglecting it, followed by the victim C (L, 58 years old)'s bridge crossing the right side from the left side of the running direction of the Defendant at the time when he got into the left side of the said vehicle, and caused the victim to suffer injury, such as a dump of a sump, etc. which requires approximately eight weeks of medical treatment.

2. Determination is the case 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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

In this regard, according to the trial records, the victim can be found to have withdrawn his/her wish to punish the defendant around January 13, 2016, which was after the prosecution of this case.

3. According to the conclusion, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.