beta
(영문) 서울동부지방법원 2020.06.25 2020고정463

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in business of driving bicycles.

The Defendant, at around 13:50 on September 28, 2019, driven the above bicycle and proceeds from the bicycle lane B in Seongdong-gu Seoul Metropolitan Government toward the direction of Hannam-do from the bridges.

We go beyond the yellow domin line and proceed in the opposite direction.

Since there is a road on which a yellow-line has been installed, there is a duty of care to proceed along the ongoing lane and prevent the accident from occurring.

Nevertheless, this is not neglected and proceeds in the opposite direction beyond yellow solid lines.

At this time, the victim C(43 years of age, n's bicycle driving) driven by the victim's bicycle driving in the opposite direction was shocked to the left side of the victim's bicycle driving part and exceeded the victim's bicycle driving part.

In the end, the Defendant suffered injury to the victim due to the negligence in the opposite direction beyond the yellow domin line as above, which led to a lower end of approximately six weeks of 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) A crime of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning Traffic Accident Settlement

C. The victim expressed his intention not to prosecute after the prosecution of the instant case was instituted.

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