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(영문) 서울동부지방법원 2019.06.21 2019고단779

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a rocketing car.

On January 25, 2019, at around 18:30 on January 25, 2019, the Defendant came to turn to the left at an irregular speed in the direction of the entrance of the C apartment shopping district underground parking lot in the front of the Gangdong-gu Seoul Metropolitan Government Dadong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reducing speed and checking well.

Nevertheless, the defendant neglected to turn to the left without neglecting it and brought the victim E (the age of 58) who was crossing from the right side of the proceeding direction to the left side, into the front part of the rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as cutting the pelf inside the right leash, which requires approximately eight weeks of treatment, due to the above occupational negligence.

2. The facts charged in the instant case 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records of this case, on June 11, 2019, the victim, after instituting the prosecution of this case, expressed his/her intent not to be punished against the defendant on the part of the defendant (see, e.g., Supreme Court Decision 2009Da3278, Jun. 11, 2019). Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided