beta
(영문) 대구지방법원 2013.09.26 2013고단4543

교통사고처리특례법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 01:30 on March 16, 2013, the Defendant driving a C GGG car in the upper parallel of Daegu Suwon-gu and straighted along two-lanes from the middle East-dong intersection to the upper four-lane distance. Thus, if there are other vehicles already entering the intersection, the Defendant had a duty of care to yield the course to the vehicle and prevent the accident from occurring, and caused a traffic accident that compromises the front part of the front part of the DF car, which was proceeding from the upper east of the upper east-dong zone to the upper east-dong intersection and the upper east-dong street to the upper east-dong intersection.

In the event of the traffic accident, the victim E (the 53-year-old driver), who is the driver of the damaged vehicle, suffered from the injury of the number of scambling that requires medical treatment for about six months, and at the same time, the damaged vehicle damaged the property that is equivalent to 21,844,400 won of the repairing cost.

2. The judgment of the court below is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement submitted by the defendant, it is recognized that the victim E expressed his/her intent not to prosecute the defendant on August 22, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act