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(영문) 광주지방법원 2014.04.22 2013고단5438

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of criminal facts is a person who is engaged in driving a rocketing car.

At around 21:45 on August 23, 2013, the Defendant was driving the said vehicle in front of the Goyangyang-gun's Goyangyang-gun's Goyang-do in the direction of the creative plane in the direction of the ancient letter.

At the time, there was a lot of time, and there was a lot of traffic for people, so the driver of the motor vehicle has a duty of care to accurately see the front, and to prevent the accident by accurately manipulating the steering devices and brakes.

Nevertheless, the Defendant neglected this and took part in the part of the victim D (I, 51 years old) and the victim E (I, South and 57 years old) prior to the instant rocketing car, and suffered injury to the victim D, which requires approximately 12 weeks of treatment to the victim D for approximately 12 weeks of treatment. The Defendant sustained injury to the victim E, such as “the erode of the erode of the erode of the erode of the erode in front,” which requires approximately 2 weeks of treatment.

2. The facts charged in the instant case are subject to Article 3(1) of the Act on Special Cases concerning Traffic Accidents. In such a case, a public prosecution may not be instituted against the victim’s express intent pursuant to Article 3(2) of the same Act.

However, around March 11, 2014, the victim D following the institution of the instant prosecution, and around April 18, 2014, the victim E, after the institution of the instant prosecution, expressed his/her intention that he/she does not want the punishment of the defendant, respectively. Thus, the instant prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.