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(영문) 창원지방법원 진주지원 2014.10.21 2014고단554

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a transport soldier belonging to the 62th Pest Group Central Headquarters of the 62nd Line, was engaged in driving of the 2956-226 Eth Eth 2.5t vehicle to receive corrosion. On February 7, 2014, the Defendant driven the above vehicle at around 08:40 on February 7, 2014, and stopped in front of the 6th Pest Group of the 6th Line of the 62nd Line of the facts charged. In such a case, the Defendant had a duty of care to prevent accidents in advance by accurately manipulating the galer and weather, etc. with the Defendant who is engaged in driving the vehicle.

Nevertheless, the Defendant neglected this and got the victim who was on the rear side of the above vehicle due to negligence.

Ultimately, the Defendant caused the victim to suffer injury, such as damage to the dives of the lower bridge that requires medical treatment for more than three months due to such occupational negligence.

2. The judgment is a crime 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 explicit intent under the main sentence of Article 3(2) of the same Act. According to the written agreement submitted by the defense counsel, the victim can be acknowledged as the fact that he/she has withdrawn his/her wish to punish the defendant on October 20, 2014, after the prosecution of the case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.