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(영문) 인천지방법원 2017.05.11 2016고단8332

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of B-B tourist buses.

On October 11, 2016, the Defendant driven the above bus at around 15:50 on October 15, 2016, and led the Defendant to the speed of about 15-20 km at the speed of 15-20 km in the direction of the interview of the city in the direction of the interview of the free economic zone, at a ton hotel, at the intersection of the benz car shop in Yeonsu-gu Incheon Metropolitan City.

Since there is a crosswalk where a pedestrian signal, etc. is installed at the intersection, the driver engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the brake system.

Nevertheless, due to the negligence that passed the pedestrian signal crossing as it is, the Defendant got the victim C (60) who walked around the crosswalk from the right side of the direction of the proceeding to the left side of the crosswalk, leading the victim to the lower side of the bus after obtaining it from the front side of the bus.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as the Plaintiff’s 14 week medical treatment outside the left-hand body, the left-hand pelle officer’s structural frame, etc.

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 the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents cannot be prosecuted against the victim’s express intent.

According to the records, it can be acknowledged that the victim agreed with the defendant on April 27, 2017, which was after prosecution, and expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.