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(영문) 대구지방법원 2020.09.10 2020고단3844

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Brane car.

On April 24, 2020, the Defendant driven the said car at a shooting distance in front of the Dun Use Room in Daegu Suwon-gu C on April 24, 2020, and continued the car at a speed of about 5km per hour from E to F school.

Since there is a cross-section in which traffic is not controlled due to the absence of signal, etc., and the wide side road and the narrow side road are crossings, in such a case, a person engaged in driving service has the duty of care to prevent accidents, such as reducing the speed prior to entering the intersection on a narrow road and driving a cross-section on a road with a wide width, and yield the course to the vehicle.

Nevertheless, the Defendant neglected this and did not confirm the progress of other vehicles on a narrow road, and entered the narrow road with a width of mast by direct negligence, and left the H apartment surface from the G elementary school room, which is a road with a wide width, to the H apartment surface, the victim I (Nam, 31 years old), who was driving at the J high-water drive, was placed as the fronter of the low-income vehicle, and suffered injury to the victim, such as the right shoulder-wing sprink, which requires approximately eight weeks of medical treatment.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a criminal agreement is submitted on August 27, 2020, which states that the victim expressed his/her intention not to be punished against the defendant on August 27, 2020, after the institution of