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(영문) 수원지방법원 2012.12.28 2012고단5068

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 15:10 on September 24, 2012, driven a BK (K)-5 vehicle, and got the Defendant to turn to the left at the seat of the parking lot at the entrance of the apartment at the source-based 2 complex located in the source-based dong at Suwon-gu, Suwon-si.

However, as a driver of a vehicle, there was a duty of care to prevent accidents by checking the front side and the left side well.

Nevertheless, the Defendant neglected to discover and avoid the victim C (two years of age) who was playing in the front of the mast and the front of the mast, which led to the collision of the victim with the front part of the vehicle driving by the Defendant, and led the victim to the front part of the mast with the front part of the qui.

Ultimately, the Defendant caused the victim to suffer serious injury, such as infinite heat, which requires treatment for about 12 weeks, due to such occupational negligence.

2. We examine the judgment. This is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and it 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 written agreement bound in the trial records, it can be recognized that D and E, the legal representative of the victim after the prosecution of this case, have withdrawn their wish to punish the defendant on December 28, 2012. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.