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(영문) 수원지방법원 성남지원 2018.03.22 2018고단173

교통사고처리특례법위반(치상)등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a bicycle BCA110V motor device.

On October 24, 2017, the Defendant driven a bicycle with the engine device at around 23:00, and proceeded ahead of the “D gas station” in Gwangju City, with the front side of the “D gas station” located in Gwangju City as the front side of the new string modern apartment complex.

In this case, a person engaged in driving service has a duty of care to live well on the right and the right and the right and the right and to drive safely.

Nevertheless, due to the negligence of driving the Defendant only by neglecting it, the left side of the CA1110 engine bicycle was received from the right side of the Defendant’s vehicle without the registration of driving the victim E (18C) which was going ahead of the same direction.

As a result, the Defendant, by the above occupational negligence, damaged the victim to suffer bodily injury, such as the left shoulder, the bridge bed, etc. under the left side of the ship, and damaged the victim to require KRW 690,000 for the repair cost of the above damaged vehicle.

2. Determination

(a) Crimes of non-violation of an intention: Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

B. On December 7, 2017, after the institution of the instant indictment, a written agreement and a letter of revocation of complaint filed by the victim containing the victim’s expression of non-prosecution of punishment was submitted.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act