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(영문) 의정부지방법원 2017.12.01 2017고단3944

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Clearning car.

On May 20, 2017, the Defendant driven the said car on the road at one-lane of E E-ray located in E-ray D around 13:30 on May 20, 2017, and proceeded toward the direction of KONA in the direction of KONA.

Since a house is a side road, a person engaged in driving service has a duty of care to prevent accidents in advance by safely examining the right and the right of the front.

Nevertheless, by negligence, the defendant neglected this, did not discover the victim F(10) who was unauthorized crossing the road from the left side of the course to the right side, and did not discover it, and received it as the top part of the left side of the said car, and suffered serious injury, such as the loss of vision, etc., by the victim.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(c) Submission of an unwritten application for the punishment of G by a legal representative of the victim on December 1, 2017;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;