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(영문) 수원지방법원 2019.11.26 2019고단5245

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving freight B.

On January 31, 2019, the Defendant driven the above cargo vehicle at a speed of 07:00, and led to the two-lane road in the front of Heung-gu, Young-gu, Young-gu, Young-si, to drive at a speed of 1-lane from the offline of the permission test test site to the new distance.

At the time, there has been a duty of care to reduce speed and prevent accidents by properly examining the direction of the driver in such a case.

Nevertheless, the defendant neglected this and did not discover the victim D (64 years old) who is towing a Rik to the right side from the left side of the running direction of the defendant, and cross the road, and had the victim use the parts above the above cargo on the road.

Ultimately, the Defendant caused a serious injury to the victim due to the above occupational negligence, which requires approximately six weeks of medical treatment, and caused a serious injury to the victim, such as an open one with no permanent disorder in the main functions of brain.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal 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

However, according to the records of this case, on November 5, 2019, after the prosecution of this case was instituted, the defendant submitted to this court a written agreement with the defendant that the victim expressed his/her intention not to have the defendant punished. The prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.