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(영문) 광주지방법원 목포지원 2018.12.07 2018고단414

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 the operation of Cone Star Co., Ltd.

On November 9, 2017, the Defendant driven a van around 19:00 and proceeded two lanes in front of the E-factory located in Pyeong-gun, Chungcheongnam-gun, in a speed of about 70 km from the west-Eup bank to the west-do bank.

At the time, at night and at the right right side of the road, there are two-way lanes, so in such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by checking whether the motor vehicle is equipped with the motor vehicle by reducing the speed and driving the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim F-driving who entered the road to the right side of the road that the Defendant is driving from the side of the road to the road that the Defendant is driving, and received the front part of the wheel with the front side of the wheel.

Defendant 1 caused the victim to suffer injury, such as damage to the number of water that needs to be treated for about 32 weeks due to negligence in the course of business as above, thereby causing an incurable or incurable disease.

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 Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim expressed his/her intent not to punish the Defendant on October 5, 2018, which was after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.