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(영문) 청주지방법원 2020.03.12 2019고단1450

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car in B gender zone.

On October 23, 2018, the Defendant driven the above vehicle at around 08:30 on October 23, 2018, and continued the intersection in front of the Cheongju-si Lifelong Learning Center, which is located 29 degrees as the resignation of Cheongju-si.

Since there is a narrow intersection where no signal lights are installed at the front of that place, a person engaged in driving of a motor vehicle is obliged to temporarily stop or slowly drive the motor vehicle before entering the intersection, and to check the traffic conditions of the front side and the right side and the right side, and to prevent accidents in advance by accurately manipulating the steering and the brake system.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the progress direction of the Defendant, which had already been entered the intersection from the Defendant’s driving direction to the right side, and shocked into the front part of the Defendant’s driving.

The Defendant suffered from the injury of the victim F (V, 57 years old) of the D Driving Vehicle due to the foregoing occupational negligence, such as the pressure pressure of the 2nd century, which requires approximately 12 weeks medical treatment.

2. Determination

(a) Applicable provisions of Acts: 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-compliance with will: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

C. The expression of non-existence of punishment after the institution of public prosecution: A written agreement on February 27, 2020 that promulgated the victim's expression of non-existence of punishment.

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