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(영문) 수원지방법원 안산지원 2021.02.15 2020고정883

교통사고처리특례법위반(치상)등

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the person who is engaged in driving of the previous vehicle.

On April 16, 2020, the Defendant driven a car above 3:00 on the 16th of Apr. 16, 2020, and came to enter the intersection of “C” factory inside “C” in “C” in “C” in Sihung-si, and the width of the building is wider.

In such cases, when there are other vehicles entering the intersection from a road with a wide range of width, the driver has a duty of care to safely drive the vehicle, such as yielding the course of the vehicle.

Nevertheless, the victim D's CA110B's driving of the front part of the CA1110B Oral Sea was driven by negligence of entering the intersection as soon as he neglected to do so.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence as above, and at the same time destroyed the damaged vehicle in a way that it would amount to KRW 657,000 per repair cost.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

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

C. On January 25, 2021, after the prosecution of this case, a statement of agreement that the injured party does not want the punishment of the defendant is submitted to the court.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;