교통사고처리특례법위반등
The prosecution of this case is dismissed.
1. On April 8, 2015, the Defendant: (a) driven a C K5-car on April 8, 2015, and became to enter the direction of the E-way in Daejeon Seo-gu, Daejeon to the new path from the cafeteria to the new path.
Since the door-to-door bicycle roads are installed in the front section of the new shot Dam from the new shot bank, there was a duty of care to make a person engaged in driving service well report the traffic situation of the front section, accurately operate the steering and brake system, and safely drive it to prevent the accident in advance.
However, the Defendant neglected to enter the large road as it is, instead, led the victim F (V, South and 56 years old) who was driving a bicycle to the large dam from the direction of the Madtan, to the right side of the said K5 vehicle.
Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc. of the bones of wood, which requires treatment for about two weeks by occupational negligence as above, and at the same time destroyed the damaged bicycle in a way that amounting to KRW 4,815,500 to repair cost.
2. Under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, this part of the facts charged is an offense against the victim’s express intent.
On April 20, 2015, F stated, the police stated, “I do not want to be punished if I would have received medical treatment at a hospital in connection with an accident at the time.”
This is because F expressed the intention of not to impose punishment ( even if the expression of conditional approval was made, F cannot reverse the intention of not to impose punishment pursuant to Article 232(3) and Article 232(2) of the Criminal Procedure Act. Therefore, F cannot reverse the intention of not to impose punishment, even if it expressed the intention of F to be punished again on May 18, 2015.
Therefore, this part of the prosecution procedure is the procedure of prosecution.