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(영문) 대구지방법원 김천지원 2019.05.21 2019고정112

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a vehicle B in the low-priced car.

On November 22, 2018, the defendant, around 18:45, had the front road D in the Gu-U.S. Si C proceed to turn to the left from D to the face of a grammatic distance.

There are three-distance crossings without signal apparatus, so there was a duty of care to safely operate the steering person by accurately operating the steering and steering system, while proceeding to the left.

Nevertheless, due to the negligence of the left-hand turn, the full-hand side of the victim E(52) driving F125 cc-wheel was received as the front part of the Defendant's driver's car.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, which caused the victim to suffer from a serious injury, such as culverization, due to pulverization in the right sulll, which requires treatment for about eight weeks.

2. The instant facts charged constitute 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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, it is recognized that the victim expressed his/her intent not to have his/her punishment against the defendant on April 20, 2019, which was after the prosecution of this case was instituted.

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed. It is so decided as per Disposition.