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(영문) 제주지방법원 2020.04.22 2020고단47

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant who is engaged in driving of BPoter Ⅱ.

On June 21, 2019, the defendant around 21:30, the road in the apartment complex in Jeju-si, Jeju-si, had to turn to the left at the seat of the commercial parking lot in D elementary schools.

Since there is a lot of pedestrian traffic as an apartment complex in an apartment complex, there was a duty of care to prevent accidents by reducing speed to a person engaged in driving of a motor vehicle and driving on the front side and right side well and safely.

Nevertheless, the defendant neglected to make a left turn to the left without neglecting it and got the victim to go beyond the victim by shocking the body part of the victim E (the age of 41) who was going within the complex by the negligence of proceeding.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Determination

(a) Crimes of non-compliance with intent: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Declaration of non-existence of punishment after an indictment is instituted: The written agreement dated November 5, 2019;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;