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(영문) 대구지방법원 2019.05.09 2019고단333

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving of Bone Stars.

At around 15:30 on July 12, 2018, the Defendant driven the said Lone Star Co., Ltd., and led to turn to the left from the North Daegu Northern-ro 19-gil, Daegu Northern-ro, 300,000, in accordance with the new sub-section C from the north Pene Ne-ro to C.

In this case, the defendant had a duty of care to properly cope with the traffic situation in the direction of progress, to accurately manipulate the steering direction and brakes, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and continued without examining the traffic situation of the moving direction, and caused the victim to go beyond the roadway by taking the right direction of the victim D (the age of 82) who illegally crossed along the crosswalk on the right side from the left side of the running direction of the said Lone Star to the right side of the crosswalk.

Ultimately, the Defendant suffered a serious injury, such as cutting of credit to the victim who did not keep the right on the date of diagnosis due to such occupational negligence.

2. The instant facts charged 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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the agreement submitted on April 8, 2019 and the statement of the written application, it is recognized that the victim expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of