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(영문) 울산지방법원 2014.05.30 2014고단217

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in driving of Cknife vehicle.

At around 18:50 on November 2, 2013, the Defendant, while driving the above vehicle and driving the road in front of the Gyeongnam bank located in the northwest-gu, Ulsan-gu, Ulsan-do toward the right-hand side of the road, due to the Defendant’s negligence in the course of business, caused the victim D (the age of 12) on the right-hand side of the crosswalk where the bicycle used the bicycle to go beyond the front part of the Defendant’s left-hand side of the road, thereby causing serious injury to the victim, such as external brain damage, etc. for about 16 weeks of medical treatment.

The reason for dismissing the prosecution 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement prepared by the parent of the victim who is a minor, the parent of the victim can recognize the fact that the victim withdraws his/her wish to punish the defendant on May 17, 2014, which is after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to