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(영문) 광주지방법원 2015.10.06 2015고단2471

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving of the Class B high-class truck.

around 06:00 on April 16, 2015, the Defendant driven the above truck and led the front road of the D Pharmacy located in Gwangju Seo-gu to proceed to the direction of the D Pharmacy within the Yangdong market.

At this point, the road width is narrow and the passage of ordinary people is frequent, so a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by checking the entire course and the left and right of the motor vehicle.

Nevertheless, it is neglected to proceed as it is, while the defendant is driving on the right side of the victim E (the age of 71) who crosses the left side of the victim E (the age of 71) to the right side of the left side of the driving vehicle.

As a result, the Defendant caused the victim to suffer injury, such as the upper part of the left-hand body, which requires treatment for about six weeks due to the above occupational negligence, thereby causing the victim to a defect.

2. 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 express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records, it is recognized that the victim expressed his wish not to punish the defendant on October 2, 2015, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.