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(영문) 춘천지방법원 속초지원 2019.09.25 2018고단480

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a vehicle B at the B B B at the bar.

On April 22, 2018, the Defendant driven the above car at around 20:0 and driven it along the two-lanes between the two-lane distance from the direction of the building E to the full three-lane distance of the road located at the beginning of the Seocho City.

At the time, there was a duty of care to prevent accidents in advance by safely proceeding with a person engaged in driving of a motor vehicle, such as taking the front door and the right and the right of the motor vehicle, and driving the motor vehicle.

Nevertheless, in order to catch a taxi by negligence while neglecting this, the Defendant got the Victim F(49) on the two-lane road, which was located on the two-lane road, as part of the Defendant’s driving in front of the right edge of the car.

Ultimately, the Defendant suffered serious injury, such as cerebral cerebrovassis, to the extent that such occupational negligence could cause permanent legacy.

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 and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus, cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, the victim is recognized on March 20, 2019, after the prosecution of this case, that expressed his/her intention not to be punished against the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.