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(영문) 대전지방법원 서산지원 2016.10.27 2016고단478

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving CJM vehicle.

At around 18:50 on February 4, 2016, the Defendant driven the above rash trucks and proceeded at the speed of the speed of one lane in front of the bathing bath in Western City D, Seosan.

Since there is an intersection in which traffic control is not performed, there was a duty of care to check whether a person engaged in driving of a motor vehicle temporarily stops to reduce the speed or temporarily stop to cross the motor vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the part of the bicycle driving by the victim F (the age of 16) who was driving on the side of the new apartment at the SeosancV side when the Defendant was negligent by entering the said intersection and going through the said intersection as it was, the front part of the said car.

Ultimately, the Defendant suffered from a serious injury, such as reflectors and horses, in which the number of days of treatment cannot be known to the victim due to such occupational negligence.

2. Determination

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

(b) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;