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(영문) 수원지방법원 2016.03.11 2015고단4489

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving three-dimensional tourist buses.

On January 6, 2015, around 02:05, the Defendant proceeded at approximately 61 km of Si speed according to three-lanes of the front Do road in E, E, which is located in D, in the form of a e-do Do 3, from the wingside to the slope of the enclosed.

At the time, there was a duty of care to prevent accidents by accurately manipulating the steering area and the steering gear and accurately.

Nevertheless, the Defendant neglected to do so and found the victim F (18 tax) who walked in the same direction as the Defendant’s vehicle prior to the three-lane by negligence, and tried to avoid it to the left-hand side, but did not avoid it, but received the victim as the front right-hand part of the bus.

As a result, Defendant 1 suffered serious injury such as a slope of cirrosis and a cirrative air head, etc., where the number of days of treatment can not be known to the victim due to occupational negligence, thereby causing danger to life.

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 the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents cannot be prosecuted against the victim’s express intent.

According to the records, on March 30, 2015, the father of the victim decided not to raise a civil or criminal objection against the defendant by receiving KRW 40 million from the defendant as the legal representative of the victim in the criminal conciliation proceeding conducted by the investigative agency on March 30, 2015 between the defendant and the defendant as the legal representative of the victim, and the defendant would not raise a civil or criminal objection against the defendant. The defendant would pay KRW 10 million up to April 17, 2015, and pay the remainder after receiving the insurance money. If the defendant would pay KRW 10 million up to April 17, 2015, this agreement shall be null and void, but if the defendant pays the above KRW 10 million up to that time limit, the defendant would pay the above KRW 10 million.