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(영문) 수원지방법원 안산지원 2017.05.16 2016고단3501 (1)

교통사고처리특례법위반등

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The prosecution against the defendant is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in the operation of the CAWn-turd vehicle.

On February 28, 2016, the Defendant driven the above vehicle at around 15:00 and proceeded at an insular speed, one-lane of the two-lanes from the visual tide embankment in Ansan-si.

There is a duty of care to prevent accidents in advance by reducing the speed prior to entering the intersection, properly manipulating the steering and brakes, and accurately manipulating the steering and brakes, through an intersection where vehicle signal, etc. is not installed.

Nevertheless, the defendant neglected this and proceeded to turn to the left at the view of the vision, and passed through the above intersection from the view of the cryp of the water management center to the view of the cryp of the cryp of the cryp.

E Driving received the front part of the F dump truck driver's seat in front of the Defendant's driving vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained approximately two weeks from the victim G (28 tax) who was on the top of the driver’s vehicle, to take an open top of the two weeks of medical treatment, and at the same time damaged the said dump truck to take an amount equivalent to KRW 2,954,158 of its repair cost.

Judgment

The facts charged against the accused constitute 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, and cannot be punished against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Since the victims expressed their intent that they do not want the punishment of the defendant after the prosecution, the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.