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(영문) 창원지방법원 통영지원 2017.10.30 2017고정322

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a EXE car.

On November 21, 2016, the Defendant driven the above vehicle at a shooting distance road that is not divided into D's front lanes in Tong-si, Dong-si on November 21, 2016, and proceeded at a speed of 30-40 kilometers a speed of 30-40 kilometers a speed in the direction of a mobilization apartment in the direction of a sex water acid.

Since the accident place is a private distance intersection where traffic is not controlled, a driver has a duty of care to drive the road in a safe way, such as making a walk in advance before entering the intersection, and keeping the left and right road well.

Nevertheless, the defendant, without neglecting this, has been driven by the victim E ( South, 44 years old) who enters the intersection on the left side of the direction of the course due to negligence in the course of business that enters the intersection without going through the intersection.

FSL125S The right side of the FSL125S conflict with the front part of the above vehicle.

Ultimately, the Defendant suffered from the above occupational negligence the injury of the above E, such as the steel fresh, the steel fresh and salt fresh, the left fresh and salt fresh, the left 7 and 8 left fresh, the brain fresh, the fresh, the fresh and tension of fresh, the salt fresh, and the tension of the fresh, etc., which had no open address in the two fresh of the No. 7 and the left fresh.

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;

(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 June 19, 2017, after the instant indictment was instituted, submission of a written agreement to the effect that the injured party is not subject to punishment.

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