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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1579

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving of CBa car, operated the said car around 17:50 on April 4, 2015, and proceeded into the air-conditioning road in front of the space 5-lane in the special zone of Pyeongtaek-si in the vicinity of the building. In such a case, the Defendant was obliged to pay a duty of care to prevent accidents in advance by reducing speed and accurately operating the steering direction and brake system in front and before and after the driving of the vehicle, and by driving the said car on the opposite part of the vehicle, he was towed on the road in front of the space 5-lane in the special zone of Pyeongtaek-si, and it was difficult to secure the length because the vehicle is parked on one side of the road. In such a case, the Defendant was negligent in paying a duty of care to prevent accidents in advance by operating the vehicle and operating the steering direction and brake system in a way that would cause injuries to the victim of the vehicle that was towed on the opposite part of the vehicle, and the victim was towed in excess of the Seoul Special Metropolitan City.

2. The judgment is the case in which a public prosecution cannot be instituted against the victim’s explicit intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it is recognized that the victim expressed his/her intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.