beta
(영문) 창원지방법원 2019.07.24 2019고단763

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in the operation of Shrler B, and around 17:40 on November 22, 2018, the Defendant parked the said Trler attached to E E in one way on the two-lane road at the entrance of the “D” located in Chang-si, Changwon-si, Changwon-si, Seoul, and tried to separate the said Trler and Trr.

At the time, it was difficult to install a lot of street lights at night and street lights, and vehicles were in operation on the above roads. Therefore, in order to prevent collisions, a person engaged in driving of a motor vehicle has a duty of care to take safety measures for preventing collisions, such as parking wurgs at the right edge of the road, installing safety signs, etc.

Nevertheless, the Defendant neglected this and parked the said Twitler in one lane on the same day from D to F one lane on the same day at around 17:50 on the same day, and caused the driver H (year 47) of the GoL125 Otoba, who driven by F, to find the said Twitler on the right side of the Twitler, and caused the head to shock on the right side of the Twitler.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as the 32-day therapy and the flavating of the flavating flava, etc.

2. The instant facts charged constitute a case in which a public prosecution cannot be instituted against the clearly expressed intent of the victim. As the victim expressed his/her wish not to punish the Defendant on July 2, 2019, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.