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(영문) 인천지방법원 2018.04.11 2018고단35

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a car BFD.

On June 29, 2017, the Defendant driven the above vehicle around 09:18, and was located in 578, Nam-gu, Incheon, Nam-dong, 578, but, on the other hand, from the 2-lane, the Defendant left the front of the non-exclusive church to the Incheon local Small and Medium Business Administration at a non-speed speed of one way among the three-lanes.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and drive the steering and brakes accurately to prevent accidents in advance by safely operating them.

Nevertheless, the Defendant neglected to turn to the left by negligence on the opposite side of the Defendant’s vehicle at the opposite side of the instant vehicle, and went to the two-way complex from the opposite side of the instant vehicle in accordance with the new subparagraph (hereinafter referred to as “the victim C, 47 years old”), who driven the Dwork, and received the front part of the Defendant’s vehicle in front of the left side of the instant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a chest frighting, which requires approximately four weeks of treatment due to such occupational negligence.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act. According to the records, the victim can be found to have explicitly expressed his/her intention not to be punished against the Defendant to this court on October 12, 2017, which is after the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.