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(영문) 인천지방법원 2018.07.11 2018고단3073

교통사고처리특례법위반(치상)등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving CA8 vehicles.

On February 14, 2018, 19:33, Chungcheongnam-do, Chungcheongnam-do, Masan-do, 840, 65-20, e.g., 43-lane 65-20, the Defendant proceeded along the three-lanes from Sejong-si Myeon to Sejong-si Myeon.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reducing speed or safely driving a motor vehicle that stops on the front bank by safely operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not look at the front side of the vehicle A8 which the Defendant was driving by negligence, and caused the victim D(42 ) who was parked in the front of the left side of the vehicle A8 which the Defendant driven by the Defendant, to shock the back of the right panion of the vehicle E(42 ) of the victim D(S).

Ultimately, the Defendant, by negligence in the above business, caused the cerebral rosium in which there is no room for approximately two weeks of treatment to the above victim D, and caused the injury to the victim F, who is a passenger of the Rati-car, about 12 weeks of treatment to approximately 41 years of age, such as chest francing, etc., which requires approximately 2 weeks of treatment to the victim D (the victim 9 years of age) of the same passenger, and caused the injury to the mathal ros in which there is no room for two weeks of treatment to the same passenger D (the victim D (the 3 years of age), and at the same time, the victim D (the 3 years of age) who is in need of two weeks of treatment to the extent that the above Rati-car cannot repair it.

2. The above facts charged are the crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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.

The defendant on July 5, 2018, the victims of this case, after the prosecution of this case, was filed.