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(영문) 광주지방법원 2020.11.05 2020고단3701

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

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

On January 31, 2020, the Defendant driven the above cleaning vehicle around 10:09, and led the Gwangju Dong-gu Gwangju metropolitan circulation road around Gwangju Dong-gu to proceed along the two-lanes of the Taedo-gu in the direction of the hydrogen in the direction of the hydrogen in the IC room.

At all times, the change of the vehicle line is prohibited in the tunnel, and the passage of the vehicle driving along the speed is frequent, so there was a duty of care to properly operate the operation and steering gear of the vehicle and to prevent accidents in advance by operating the vehicle accurately and safely.

Nevertheless, the Defendant neglected to change the lane from the first lane to the third lane, and failed to accurately manipulate the balke, caused the inner walls in front of the cleaning vehicle operated by the Defendant to the right side of the cleaning vehicle operated by the Defendant, and continued to open the boundary line at the bottom of the right side of the road, and continued to proceed with the outer walls at the entrance of a mountain tunnel.

Ultimately, the Defendant suffered a serious injury, such as cutting knee below knee, which was not on both sides, from the victim D (ma, 36 years of age) who was on the back seat of the said cleaning vehicle due to the foregoing occupational negligence.

2. The facts charged above shall not be prosecuted against the express will of the victim pursuant to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, falling under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.

However, according to the records, since the above victim submitted a written agreement stating that he does not want the punishment for the defendant after the prosecution was instituted, and withdrawn his intention of punishment, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.