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(영문) 인천지방법원 부천지원 2019.05.28 2019고단764

도로교통법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving service for B.

On November 02, 2018, around 08:47, the Defendant transported construction site materials on the one-lane road in Bupyeong-si, Seocheon-si.

In such cases, a person engaged in driving of a motor vehicle for which he/she has to drive the motor vehicle shall verify the safety of the future course at the time of the start-up, shall accurately operate the steering gear, brakes, and other devices, and shall not drive the motor vehicle at such a speed or in such a manner as may inflict any danger and obstacle on others, depending on the traffic conditions of the

Nevertheless, the Defendant, by negligence and negligence of driving while neglecting this, destroyed the property equivalent to KRW 727,100 of the repair cost by shocking the right side side side side side of G motorcycles owned by the victim F, which was driven in the direction of the building in D apartment.

2. The aforementioned facts charged are crimes falling under Article 151 of the Road Traffic Act, and 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 records, F, the victim, expressed clearly his/her intention not to punish the Defendant on February 13, 2019, which is the date of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.