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(영문) 광주지방법원 순천지원 2019.06.12 2019고단684

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car by borrowing the facts charged.

On September 30, 2018, the Defendant driven the said car on September 13:47, 2018, and continued to run the front road C in the direction of D stores with the net postal concentration.

At the same time, there was an intersection where traffic is not controlled by signal apparatus, and in such a case, there was a duty of care to see the front door as a person engaged in driving of a motor vehicle and to operate the steering and steering system accurately and safely.

Nevertheless, the defendant neglected this and proceeded with the victim E (the aged 58) who was driving a bicycle on the right side of the defendant's driving direction from the defendant's driving direction to the left side.

As a result, the Defendant suffered from brain injury to the victim under the influence of an external wound due to the occupational negligence above, and thereby, caused the victim to suffer from an incurable disease, such as decline in recognition ability, pedestrian disability, etc.

2. Determination

(a) Crimes of non-compliance with intent: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. Submission of an agreement on March 29, 2019, which states the victim’s expression of intention not to punish the victim on March 29, 2019

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;