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(영문) 전주지방법원 정읍지원 2019.06.13 2019고단168

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving B.

On October 2, 2018, the Defendant driven the above vehicle at around 10:15, and proceeded at a speed of about 10km at the time to enter bus stops from the entrance side of the D-gu, Hap-gun, Hap-gun, in order to enter bus stops.

Since there are frequent traffic of passengers at that time, in such a case, the person engaged in the driving of a motor vehicle has the duty of care to view the front door and the left door and to accurately manipulate the steering and steering system to prevent accidents in advance.

Nevertheless, the defendant did not discover the victim E (the age of 89) who walked as a bus stop inside the bus terminal due to negligence, and did not discover the victim E (the age of 89) at the inside and outside of the bus terminal parking lot, and the victim's bridge part with the front wheels of the bus of the defendant was shocked with the victim's bridge part, which led the front wheels.

As a result, the Defendant suffered a serious injury to the victim due to the above occupational negligence, such as the opening of the 3rd balance of the left-hand body, which requires approximately six weeks of treatment.

2. Determination

(a) Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts charged for the applicable provisions of Acts: Judgment dismissing public prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention or where a declaration of wish

(b) Declaration of intention of not to impose punishment: Submission of an agreement on May 9, 2019, which is after the institution of public prosecution;