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(영문) 인천지방법원 2015.05.11 2015고단1191

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant in the factory laboratory is a person who is engaged in driving a motor vehicle with DSM(SM)5 vehicles.

On August 23, 2014, at around 16:55, the Defendant driven the above vehicle, stopped on the front road of the “F” located in Jung-gu Incheon Metropolitan City E, and opened the door of the driver’s seat.

In such cases, the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle or a person who passes by the driver's seat before opening the door of the driver's seat and to open the door to prevent the traffic accident from being delayed.

Nevertheless, the Defendant neglected to do so and did not look adjacent to the driver’s seat, and caused the Victim G (the 60-year-old driver’s seat) to go back to the driver’s seat of the Defendant’s vehicle in the new interest distance from the off of the back of the backs of the backs of the backs of the backs of the backs of the backs of the driver’s seat due to his occupational negligence.

Ultimately, the Defendant caused the victim to suffer injury, such as the mouth of the Woo-gu, accompanied by the left-hand felball, which requires approximately 16 weeks of treatment due to such occupational negligence.

2. The 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). According to the records, it is recognized that the victim expressed his/her wish not to punish the defendant on May 11, 2015, after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.