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(영문) 서울북부지방법원 2016.09.29 2016고단1547

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. Around December 8, 2015, the Defendant: (a) around 13:45, the Defendant proceeded in the direction of the U.S. car of 7 Eart-ro, Seongbuk-ro, Seongbuk-gu, Seoul, toward the back streets, with C highest fluor vehicle in the direction of the U.S. distance.

At this time, the defendant was negligent in neglecting the duty of care to prevent accidents by accurately manipulating the steering gear, etc. on the front side of the vehicle, and contacted the bridge of D(80 tax and south) that goes beyond the right side from the left side of the driving direction of the vehicle with the front wheels of the vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as cutting down the right frame, which requires approximately seven weeks of treatment, by such negligence.

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 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. According to the records, it can be acknowledged that the victim submitted a written agreement stating that the victim would not want punishment against the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.