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(영문) 서울동부지방법원 2019.02.12 2018고정1185

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges is a person engaged in driving a motor vehicle B Ecoos.

On June 13, 2018, the Defendant driven the above vehicle around 21:40 on June 21, 2018, while proceeding along the intersection of the front of Songpa-gu Seoul Metropolitan Government along one lane from D apartment crossing to E apartment intersection, and became left to the left from the F intersection.

In this case, the driver engaged in driving service has the duty to safely drive the crosswalk by checking whether or not there is a person who sets the crosswalk by reducing the speed and by checking the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded to the left as it is, by negligence, received the front part of the bicycle front part of the victim G(24 years old) where he gets a bicycle or a crosswalk along the pedestrian signal from the right side of the defendant's running side to the left side of the above vehicle.

Ultimately, the victim was injured by the occupational negligence, which requires approximately two weeks of medical treatment, such as fluoral salt, etc.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

C. On February 12, 2019, after the institution of the instant indictment, a written application for no punishment stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;