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(영문) 대전지방법원 홍성지원 2014.10.28 2014고단571

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is engaged in driving B H100 Oral Ba.

On July 8, 2014, the Defendant driven the above vehicle at a speed of 50 km on July 8, 2014, and proceeded with the front of the Bosabdo boiler 32 Hakikib, a 1stm, at a speed of about a speed of 50 km from that of the same Ambassador.

It is a place where pedestrians are frequent.

In such cases, a person engaged in Otoba shall accurately operate the steering gear, brakes, and other devices on the part of the driver, and shall not drive a vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and has a duty of care to report the situation of the anti-traffic well and to prevent accidents in advance by driving safely.

Nevertheless, while the defendant neglected to do so, the defendant found the victim C (n'e, 54 years old) who crosses the road to the right side on the left side of the moving bank and operated it rapidly, but did not stop, and did not completely shock the victim on the front side of the driving of the defendant.

In the end, the defendant caused by negligence in the course of performing duties the injury to the pelpel executives who need approximately eight weeks of treatment to the right.

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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases

According to the records of this case, since it is recognized that the victim expressed his/her intent not to punish the defendant under the agreement with the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act