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(영문) 수원지방법원 안산지원 2015.09.23 2015고정315

교통사고처리특례법위반등

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All of the prosecutions of this case are dismissed.

Reasons

On October 22, 2014, at around 05:50 on October 22, 2014, the Defendant driving a B B B B B B car and driving two lanes in front of D Hospital C located in Ansan-si, a member C at the time of Ansan-si, using approximately 25 km in the city-speed, from the front side of the D Hospital at the time of the day's elementary school, the Defendant turned the two lanes into the air-speed of the Cmond square at the speed of about 25 km, and changed the three lanes.

At night and there was a vehicle following the Defendant, so there was a duty of care to change the vehicle in duty by making a direction, etc. before and after the change of the vehicle vehicle to a person engaged in driving duty.

Nevertheless, the Defendant neglected this and went to the right side by changing the lane to the right side as it is, and instead, went to about 55 km per hour according to the three-lane, and received the front part of the victim E-driving FK7 driver’s drive as the front part of the driver’s length of the car above.

Ultimately, the Defendant suffered injury to the victim G and E, who was on board the K7 car volume due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment, and at the same time, damaged the K7 car volume to the extent that the repair is 1.8 million won, such as the replacement and maintenance of the preceding crime.

Judgment

The facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

However, it is evident in records that the victims agreed with the defendant after the prosecution of this case and expressed their wish not to punish the defendant. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.