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(영문) 대구지방법원 상주지원 2013.05.07 2013고단9

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of the instant case is that the Defendant, at around 06:00 on November 22, 2012, driven a B B Poter and went to the direction of the door-to-face crossing from the right edge at the time of residing, and that is, from the right edge, the four lines of the road from the right edge to the right edge. The Defendant entered the above 4 lines of the road from the right edge to the right edge. However, at the time, the Defendant was driving along the above 4 lines of the road to the right edge the above 1 line to the right edge. In such a case, the Defendant was unable to take a duty of care to prevent the injury of pedestrians walking along the above 1 line of the road, the Defendant was negligent in handling the 1 line of the road from the left edge and the right edge of the road from the right edge of the victim’s right edge to the right edge and the right edge of the road from the right edge of the said 1 line to the left edge of the road from the right edge of the victim’s right edge.

The facts charged in the instant case 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) and Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the agreement received on April 11, 2013, it is recognized that the victim of the instant facts charged has withdrawn his/her wish to punish the Defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag.