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(영문) 대구지방법원 서부지원 2018.04.17 2017고정637

교통사고처리특례법위반(치상)등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a vehicle with C low-speed.

On June 13, 2017, the Defendant driven the above vehicle on or around 22:45, and was in the atmosphere signal stop in order to make a U.S. to make a U.S. U.S. and U.S. National Sports Center turn away from the 5 lane of the Seogu in Daegu-gu and the 3 lane in front of the M.S. M. Park.

Since the place was coming from the opposite lane, there was a duty of care to safely operate the vehicle so that it does not interfere with the normal passage of other vehicles by checking well the right and the right and the right of the driver prior to the internship.

Nevertheless, the Defendant neglected this and stopped a part of the left-hand part of the top-hand part in the opposite lane beyond the median line, and caused the victim D (the South, the 43 years old) driving MaW110 Oba, which was driven by the national sports center in the opposite lane, to be turned down on the floor.

As a result, the Defendant suffered salt and tensions from the right-hand slopings (intests) in need of approximately two weeks of treatment from the victim D by occupational negligence as above, and at the same time damaged property equivalent to KRW 1,834,700, such as exchange of wind scrap of the above damaged vehicle.

2. Determination

(a) Article 3(1) of the applicable Act of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty) and Article 151 of the Road Traffic Act (a point on duty and on duty);

B. According to the main text of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents without Punishment for Anti-Proceedings (the facts charged and the applicable legal provisions of the indictment, and the written opinion submitted by the prosecution on March 29, 2018, the instant case is not prosecuted under Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 3(2)1 through 2)

C. On July 24, 2017, after the prosecution of this case, the application and written agreement with the victim indicating his/her intention not to punish the defendant, and the victim's seal impression certificate was submitted.

(d) Judgment dismissing public prosecution: