교통사고처리특례법위반(치상)등
The prosecution of this case is dismissed.
1. The summary of the facts charged is a person who drives a bicycle.
On April 29, 2019, the Defendant driven the above bicycle around 09:30, and made the front road of the B apartment complex in Seoul Special Metropolitan City Nowon-gu turn to the left at the direction of the management office of the three complex while driving in the direction of E-Dong from the Ddong parking lot.
Since there is a two-lane road from each other, in such a case, a bicycle driver has a duty of care to safely turn to the left after checking whether there are vehicles driving on the road and whether there are vehicles driving on the road.
Nevertheless, if the defendant neglected to make a left-hand turn without neglecting it, the defendant's Gwing-wing part of the FF (the age of 66) driving in the direction of the right-hand top and driving the one-lane road in the direction of the right-hand top in the left-hand side of the traffic direction, and the front-hand part of the cargo vehicle, after collision with the lower-hand side of the above bicycle, conflict with the damaged vehicle's street on the right-hand side while driving
Ultimately, the Defendant suffered injury to the victim H (V, 58 years of age) who was on board the damaged vehicle due to the above occupational negligence for about two weeks of treatment, and at the same time damaged the damaged vehicle with the repair cost of KRW 4,682,788.
2. The judgment below is the case falling under Article 151 of the Road Traffic Act, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, which 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 agreement and the written application for no punishment filed in the records, it is recognized that the victim FF expressed their intent not to punish the defendant on May 30, 2019 after the instant indictment was filed, and the victim H expressed their intent not to punish the defendant on August 14, 2019. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.