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(영문) 부산지방법원 동부지원 2015.09.17 2015고단1245

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On February 17, 2015, the Defendant, while driving the above taxi on February 17, 2015 and driving the two-lane road near the intersection of the Yongsan-2 Public Security Center located in Busan south-gu, with the use of Busan south-gu, was driving along the two-lanes from the direction of the use gate to the intersection where the yellow light, etc. is installed, was driven along the opposite direction of the private road where the yellow light is installed.

At night and at the time, the defendant is driving a two-lane, so there was a duty of care to check whether there is a vehicle driving a one-lane as well as to safely drive the vehicle so that it does not interfere with the passage of another vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and did not discover the victim C(24 years old), which was in the same direction as math, the 650CC 1, but did not discover the victim's 650CC 1 in the two-lanes, and caused the victim's lethal part to be the front part of the victim's lethal in the taxi driver's seat.

Ultimately, the Defendant suffered from a serious injury on the part of the victim due to an incomplete flood damage that requires approximately 32 weeks of medical care due to the above 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 records, it is recognized that the victim expressed his/her wish not to punish the Defendant around August 25, 2015, which is after the prosecution of the instant case, and thus, the instant prosecution is dismissed in accordance with Article 327