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(영문) 창원지방법원 마산지원 2014.12.23 2014고정646

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is franchiseed to engage in driving of a vehicle.

On March 29, 2014, the Defendant driven the above vehicle on March 16, 2016:40, and proceeded ahead of the E-dried water shop in Changwon-si Mucompo-gu D from the Msan-si side to the treatment department.

At this point, there is a concentration of stores, and pedestrians walk on the right-hand side of the road, so there was a duty of care to proceed with with the damage or temporary suspension at sufficient intervals by examining the situation and reducing the speed.

Nevertheless, the Defendant neglected to do so and got the left-hand bridge part of the victim F (the age of 40) due to the negligence of proceeding.

Ultimately, the Defendant suffered injury to the victim due to the foregoing occupational negligence in need of three weeks’ medical treatment due to salt, tension, etc.

2. The instant facts charged are cases in which a prosecution cannot be instituted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. On December 5, 2014, after the instant public prosecution was instituted, a written agreement stating that the victim does not wish to punish the defendant was submitted to this court. Thus, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.