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(영문) 전주지방법원 정읍지원 2020.05.19 2020고단68

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving B dump trucks.

On January 14, 2020, the Defendant driven the above truck on January 12:55, 2020, and proceeded along the line line in the top of the west-gun, Go Chang-gun, Go Chang-gun, with the D having the line in the top of the west-gun, Go Chang-gun, Go Chang-gun, along the two-lanes.

In such cases, when a driver of a motor vehicle changes a lane, he/she has a duty of care to operate a direction direction, etc. in order to give notice of change of course, and to prevent accidents by changing the lane as well as the situation of traffic in the front and rear left.

Nevertheless, due to the negligence of changing the lane by neglecting it, the Defendant received a part of the left side of the Fchip car driven by the victim E (Fchip 58 years old) in the two-lane, which was driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, who is a driver of the said car, such as light dump dump, which requires approximately two weeks of treatment, and suffered injury such as dump dump dump dump dump, etc. which requires approximately two weeks of treatment, on the victim G (the 56-year old), who is the passenger of the said passenger, for about two weeks of treatment, and on the left side of the victim H (the 86-year old) who did not require approximately four weeks of treatment, and on the part of the victim I (the 81-year old), injury such as dump dump dump dump, etc. which requires approximately two weeks of treatment, and on the part of the victim J (the 3-year old) dump dump dump, etc.

2. Determination

A. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts charged for the applicable provisions of Acts: Judgment dismissing prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: The victim’s express intent or desire to punish a case which cannot be prosecuted against the victim’s express intent under Article 327 subparag. 6 of the Criminal Procedure Act.