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(영문) 부산지방법원 2017.11.28 2017고단4780

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a bicycle.

On July 19, 2017, the Defendant driven a bicycle on or around 16:30 on July 19, 2017, and led to crossing the two-lanes of the front side of the Jeonpo-ro elementary school located in Busan-ro, Busan-do, Busan-do, to the center at the center as far as the front side.

At the time, the place is set up at a crosswalk near a four-lane, and thus, the defendant, who is engaged in driving a bicycle, has a duty of care to safely drive the bicycle, such as towing the bicycle and walking along the crosswalk, if it is likely to impede the normal passage of other vehicles.

Nevertheless, the Defendant neglected this and neglected the front side, and caused the front side of the C Driving which was going to the right side from the left side of the Defendant's running direction by the negligence of crossing the two-way bus crossing as it is, so that the bus is fast down.

Ultimately, the Defendant suffered, on the above occupational negligence, the victim E (V, 68 years of age), who is the passenger of the said bus, from approximately 8 weeks of pressure pressure 1, etc., and the victim F (V, 24 years of age), for approximately 2 weeks of medical treatment.

2. The facts charged in the instant case 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.

However, it is clear that the victims explicitly expressed their intent not to have the defendant punished after the prosecution of this case was instituted.

3. In conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.