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(영문) 인천지방법원 부천지원 2021.01.27 2020고단1436

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle BK3.

On September 20, 2019, the Defendant driven the above vehicle around 18:25 on September 20, 2019, and proceeded in the direction of the history distance of Chuncheon from the direction of the other distance along the one lane of the front road of Seocheon-si.

Since there is a crosswalk installed in the front door, in such a case, the driver of the vehicle has a duty of care to properly see the pedestrian's walking and to prevent the accident by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded with the above crosswalk while walking alone, but instead the victim D (85) who dried the crosswalk was placed on the road by taking the victim D (85) as the front part of the above K3 car driving by the Defendant.

Defendant 1 suffered injury to the above victim due to the above occupational negligence, such as other injury within two parts of the two, and cerebral damage, such as fladrosis, and fladrosis due to fladrosis and fladr's fladr's fladr's fladr's fla

2. Determination of this part of the facts charged is an offense 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 intent of the victim pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic

According to the records of this case, on June 18, 2020 and January 25, 2021, the victim explicitly expressed his/her intention not to be punished against the defendant (refer to the criminal agreement of June 18, 2020, the sentencing investigation report of the sentencing investigator as of November 23, 2020, and the delegation agreement of the self-determination agreement of January 25, 2021). The prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.