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(영문) 수원지방법원 여주지원 2016.04.04 2015고정272

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a bicycle.

On March 21, 2015, the Defendant driven the above bicycle at around 12:50, while proceeding the first bicycle lane in front of the water zone of the repair and repair country of the Yyeong-gun at the parallel speed from the Seoul to the parallel at the right speed.

Since a number of bicycles are driving in both directions, in such a case, a driver has a duty of care to ensure that a driver has a duty of care to safely drive a bicycle without speed while driving on the right side of the bicycle track.

Nevertheless, the defendant neglected this and proceeded to the opposite direction to the left side of the bicycle lane by negligence, which was driven by the victim C (62 tax). The defendant did not see the bicycle driven by the victim C (62) and received the front part of the bicycle driven by the defendant.

After all, the defendant suffered injury to the victim due to the above occupational negligence, such as the escape of the unclaimed dog section for the number of days of treatment.

2. The facts charged in the instant case are cases in which a public prosecution cannot be instituted against the clearly expressed will of the victim. Since the victim withdraws his/her wish to punish the defendant on March 7, 2016 after the public prosecution of the instant case was instituted, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.