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(영문) 광주지방법원 목포지원 2015.12.18 2015고단1429

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving the B-B passenger car.

On March 14, 2015, the Defendant driven the above van at around 16:15, and proceeded to turn the two lanes of the two lanes in front of the SK Telecom D's agency in Franpo City C, from the third apartment zone in the commercial zone in the commercial zone in the commercial zone, to the bank of the Korean hospital.

At this point, there was a blind-distance crossing in the front line, so the driver engaged in driving of the motor vehicle had a duty of care to safely operate the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system.

Nevertheless, the Defendant neglected this and failed to discover the victim E (Nam, 56 years of age) who illegally crosss roads from the right side of the defendant's running direction to the left side and proceeded without finding out the victim E (Nam, 56 years of age). The Defendant shocked the part of the victim's bridge with the front part of the above passenger van.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating 3 times in need of approximately 10 weeks of treatment due to such occupational negligence.

2. The instant facts charged 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 is recognized that the victim submitted a written agreement to the effect that he/she does not want punishment against the defendant on December 10, 2015, after the victim was prosecuted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.