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(영문) 부산지방법원 2013.08.27 2013고단2237

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a BL car.

On December 29, 2012, the Defendant driven the above car on December 15:10, 2012, and proceeded with the five-lane road in front of the Hanjin-dong, Busan, Busan, according to the one-lane map from the main bank to the main bank of the Jinjin-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the system and steering gear to prevent accidents by accurately operating the system.

Nevertheless, the Defendant neglected this and neglected the part of the front part of the DMF5 car driven by the victim C (the aged 25) who stops on the same lane as the Defendant’s vehicle and returned to the original place by negligence going through a speed pedal other than brac, and received the front part of the DMF5 car from the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

2. The determination is a crime 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 in accordance with Article 3(2) of the Act on Special Cases concerning the Settlement

However, according to the agreement submitted by the defendant, the victim can recognize the fact that he/she expressed his/her intention not to punish the defendant on August 23, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.