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(영문) 인천지방법원 2018.01.24 2017고단6931

교통사고처리특례법위반(치상)등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of Csch Rex tons vehicles.

On July 13, 2017, at around 21:50, the Defendant changed the two lanes in front of E in Yeonsu-gu Incheon Metropolitan City D into one lane while driving along the two lanes at a speed of 20 km speed from the coast to the part of the Arabic center at a speed of 20 km per hour.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to inform the direction change in advance, and to prevent accidents by changing the lanes in line with the right and the right and the right of the front and the right of the road well.

Nevertheless, the Defendant neglected this and did not discover the victim F(35 cc) and the victim G(47 cc) who drive a bicycle in the latter side of the first lane and changed the fleet to the first lane without finding the bicycle, and the victim's bicycle side of the victim's bicycle side was shocked into the left side of the sexn vehicle.

Ultimately, the Defendant, by the above occupational negligence, damaged the victim FF with the injury of the upper part, the shoulder of the pipe, etc. in need of approximately six weeks of medical treatment, and suffered injury to the victim G, such as a thring of the 4 weeks of medical treatment, and at the same time damaged the victim F, to the extent that the amount equivalent to KRW 11,423,00 of the repair cost is to exceed 12,57,000 of the repair cost, respectively, and damaged the victim G’s bicycles to the extent that the amount equivalent to KRW 12,57,00 of the repair cost is to be exceeded.

2. Determination

A. Each of the crimes stated in the facts charged of the instant case may not be prosecuted against the victim’s explicit intent (Article 3(2) 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). It is recognized that the victims, after the institution of the instant case, expressed their intent not to be punished by the Defendant, have withdrawn their wish to punish the Defendant.

B. Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.