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(영문) 대전지방법원 2019.07.04 2019고정465

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving a B-learning car.

On November 28, 2018, the Defendant driven the above car at around 10:00 and proceeded to turn to the left from the direction of E elementary school from the side of the North Women's Family Members of Daejeon.

The location is a narrow road where automobiles are parked on the side of the road, and there is a person working on the road, so in such a case, the driver of the vehicle has a duty of care to avoid driving the vehicle at such a speed or in such a way as to reduce the speed and properly operate the front door and the right and the right and the right and the right of the vehicle, and to avoid driving the vehicle at such a speed or in such a way as to cause any danger and obstacle to others depending on the road conditions.

Nevertheless, the defendant neglected this and did not discover the victim F (the age of 45) who was left on the right side of the passenger car in the direction of the running of the passenger car in Mind by negligence and did not discover the victim F (the age of 45) who was moving back to the right side of the vehicle operated by the defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the other parts necessary to receive approximately two weeks of medical treatment by occupational negligence as above.

Judgment

The facts charged in this case are those 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 express will of the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the victim withdraws his wish to punish the defendant after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.