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(영문) 광주지방법원 순천지원 2018.08.28 2018고단1538

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who drives a cargo vehicle B in salary class B.

On May 31, 2018, the Defendant driven the above vehicle at a speed of 05:10, the Defendant driven the front road of the Soak Village in front of the Soak Village, which is located in the scopical scopical scoppy of the Goyang-do, at a speed of one way to the village of identity, from the scopa.

At this point, the speed prevention threshold is set, and there is a village on the right side, so a person engaged in driving service has a duty of care to properly see the right and the right side, and to prevent the accident by accurately manipulating the steering direction and the brake system of the vehicle.

Nevertheless, the Defendant did not make a front-time stop and proceeded at the same speed without properly doing so, and caused the damage to the left-hand side of the road which the victim C drives from the right-hand side of the proceeding to the left-hand side of the road driving by the victim C to turn to the left-hand side of the road.

As a result, the Defendant suffered from the above victim’s occupational negligence, which caused approximately 10 weeks of treatment to the left-hand end-hand pelle, etc.

2. Determination and conclusion of the instant 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, and 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.

In this regard, the victim's expression of intent not to be punished against the defendant on August 16, 2018, which was after the public prosecution of this case was instituted, is recognized, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.