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(영문) 부산지방법원 동부지원 2014.01.08 2013고단2980

교통사고처리특례법위반등

Text

The prosecution of this case is dismissed.

Reasons

The defendant is a person who drives a passenger car B.

1. On August 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said vehicle as a duty on August 17, 2013, and changed the lane in front of the entrance of the outdoor parking lot of the punch area in Busan, Daegu, Busan, to the middle and underground lane from the marine zone.

In such cases, there is a duty of care to inform the change of the lane by direction direction, etc. in advance and to change the lane safely by keeping the traffic situation of the front and rear left.

Nevertheless, the defendant neglected this and changed the two-lanes to the right side by the negligence of changing it into the two-lanes, and received the two-lanes from the left side of the victim C(E, 30 years old)'s driving in the latter side of the two-lanes, and then received the front side.

Therefore, the victim suffered injuries such as salt dynasium, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act, as seen above, destroyed the pertinent car volume to cover KRW 1,772,00 of the cost of repairing the D car, such as pentle, etc.

Judgment

The facts charged of this case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which 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. Since the victim expressed his intention not to be punished against the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 32