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(영문) 광주지방법원 장흥지원 2014.02.20 2013고단239

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving service of the salary class B and III plug.

On August 2, 2013, the Defendant driven the above vehicle on August 16:32, 2013, and turned the front road to the bath of the Japanese hot spring in the same Eup/Myeon, the five days of the Gangseo-gun, the strong-gun, the strong-gun, the wind.

At this point, the central line is a one-lane road, which is a yellow solid line.

In such a case, the driver of the vehicle has a duty of care to prevent the traffic accident by accurately operating and safely driving the steering gear, brakes and other devices well, and to prevent the traffic accident.

Nevertheless, due to the negligence of neglecting this, the Defendant received the victim C(78 years of age, women)’s blick part, etc., which was lying near the median line of the proceeding lane, from the right side of the vehicle, and went beyond the road.

As a result, the Defendant suffered injury, such as the cutting of a peltos that require approximately six weeks of medical treatment due to 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 can be acknowledged that the victim expressed his/her intention not to be punished against the defendant on October 15, 2013, which is after the prosecution of the instant case. Thus, the public prosecution of the instant case is dismissed in accordance with Article 327 subparag.