도로교통법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a person engaging in driving a car of the B Belgium.
On January 25, 2020, the Defendant driven the above car at around 15:50 and stopped in the front of Gwangju City, thereby driving the car in the direction of the Talma tunnel in order to take towing measures.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to safely drive the motor vehicle by reporting the traffic situation in the front.
Nevertheless, in order to tow Defendant E (33) vehicles which were stopped on the front side by negligence of neglecting this, the Defendant took the front part of Defendant E (33) towing vehicles owned by Defendant E (33) which were stopped on the front side, and took the front part of Defendant E’s vehicle, and took the rear parts of Defendant E’s vehicle which was driven on the front side due to negligence of not keeping Defendant’s vehicle in a state of parking, and received the rear parts of the towing vehicle owned by the Defendant and the victim.
Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence as above, and at the same time damaged the Defendant’s towing vehicles owned by the victim to load up approximately KRW 10,298,000 for repairing costs.
2. Determination
(a) Applicable legal provisions 1) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Violation of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268(2) of the Criminal Act: Article 151 of the Road Traffic Act;
(b) Crimes of non-violation of will (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);
C. On December 3, 2020, after the prosecution of this case, a written agreement on December 3, 2020, stating the victim's intention not to punish the defendant.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;