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(영문) 인천지방법원 2018.01.10 2017고단2002

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges is a person engaged in driving Category C rocketing motor vehicles.

On October 27, 2016, around 07:30, the Defendant proceeded with the third-lane road in front of the rock shooting distance in the Nam-gu Incheon Metropolitan City along two-lanes of view from the shooting distance room above the tin to the front door of view.

Defendant

Since there are other vehicles in the direction of the vehicle driving, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the front door, left and left, and properly manipulating brakes, etc.

Nevertheless, the Defendant neglected to do so and found the victim D(W, 50 years old) driving in the Ecoon of the victim D (W, 50 years old) driving in front of the Defendant’s vehicle at late time, and shocked the back part of the damaged vehicle into the front part of the left part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury by occupational negligence, such as external shock of climatic signboards, which require approximately eight weeks of treatment.

2. Determination

A. The crime stated in the facts charged of this case is not prosecuted against the victim’s explicit intent (Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents). It is recognized that the victim has withdrawn his wish to punish the defendant by mutual consent with the victim after the indictment of this case.

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.