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(영문) 창원지방법원 통영지원 2020.07.23 2020고단419

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service of BK7 automobiles.

On August 13, 2019, the Defendant driven the car at issue on August 16:45, 2019, and led to the driving of the car at a low speed on the two-lanes in front of the D, Gosung-gun, Jinnam.

The driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to properly report the traffic situation of the motor vehicle and prevent accidents from occurring.

Nevertheless, due to the negligence of neglecting this, the victim E (the 65 years old) who changed the two-lanes to the two-lanes of the same direction as the previous one at the time, did not discover the FObaba, which is driven by the victim E (the 65 years old) and received the above Obababa part in the front part of the right side of the vehicle.

Ultimately, the Defendant suffered from serious injury, such as brain damage and cerebral cerebral dystrophy, due to the above occupational negligence, which requires approximately 12 weeks medical treatment.

2. 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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since a written agreement was submitted to the effect that the victim does not want punishment after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act