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(영문) 대구지방법원 2013.04.04 2013고단933

교통사고처리특례법위반

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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 C Daelim 100cc.

At around 18:40 on October 3, 2012, the Defendant driven the above Oba, and led to the intersection of the Macpick Kbain in the Yacheon-si, Youngcheon-si, Gyeongcheon-do, to the claim apartment from the side of the Dong-dong office.

Since there is no signal signal signal, there was a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping the right and the right and the right of the road.

Nevertheless, the defendant neglected this and proceeded to the left-hand side of the victim D(I, 65 years old) driving from the right-hand side of the defendant's proceeding direction, and received the front part of the victim D(I, 65 years old) driving in front of the defendant's driving.

Ultimately, the Defendant suffered injury to the victim, such as cutting the upper right frame, which requires medical treatment for about 10 weeks, due to such occupational negligence.

2. We examine the judgment. The above facts charged are crimes 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, it is recognized that the victim expressed his/her intention not to be punished against the defendant on March 25, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.