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(영문) 서울동부지방법원 2018.10.31 2018고단2341

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving a vehicle with less than three tons without a number plate owned by the Co., Ltd.

around 10:30 on October 24, 2018, the Defendant was straighted in the direction of entrance from the 2nd floor toilets located in the village of Songpa-gu Seoul, Songpa-gu, Seoul.

Since there is a 2nd floor in which pedestrians' passage is frequent, as a driver has a duty of care to live well as to accurately operate the steering gear, brakes and other devices of the motor vehicle, and to not drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, due to the negligence that neglected this, he did not neglect the previous city, and caused the conflict between the main part of the shopping car in which the victim B was pushed down on the left side of the proceeding direction, and caused the shock of pedestrians to go beyond the surface.

In such occupational negligence, the victim suffered injury in need of approximately 8 weeks’ medical treatment with the “the pressure pressure of the third tension.”

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 under 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 expressed his/her intention not to punish the defendant around October 11, 2018, which was after the instant indictment was instituted, and thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.