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(영문) 수원지방법원 2014.02.05 2013고단6170

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of the Cpea code car.

At around 12:00 on June 24, 2013, the Defendant stopped four-lanes in front of the Korea-Japan Financial Center in the name-side area in the name-side area of the new bank, the wife population, Kim Jong-dong, Yong-dong.

There is a prohibition zone against parking or stopping at the edge of an intersection, so it is prohibited from parking or stopping, and even in the case of stopping or parking, it is necessary to ensure that the traffic situation is well examined so as not to obstruct other traffic, and the driver has a duty of care not to open the door of the vehicle or get off without checking the safety of the vehicle.

Nevertheless, the Defendant neglected this and stopped the vehicle in the zone where the parking and stopping is prohibited, and brought about the front part of the ENF Station of the victim D(the age of 47) driving with the four-lane driver's seat by negligence, without living well around the zone where the Defendant stops, with the front part of the driver's seat of the said vehicle stopped by the Defendant.

Ultimately, the Defendant suffered injury to the victim F (V, 52 years of age) who was on board the head of the above taxi due to occupational negligence, such as salt, tension, etc. on the part of the diversal body requiring approximately four weeks medical treatment.

2. Determination

(a) Crimes of non-compliance with an intention: Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Declaration of intention that the victim does not want punishment after prosecution;

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;