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(영문) 창원지방법원 진주지원 2017.09.13 2017고단477

교통사고처리특례법위반(치상)등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a motor vehicle transporting three-wheeled agricultural power.

On March 19, 2017, around 15:17, the roads located in Busan-gun C were crossinged by the bank road without the central line in the middle of the agricultural bank in the middle of 15:17, in order to proceed to the area of the grain village by crossing the road in the middle of the 1st century.

At this point, the main road of one lane and the road packed in cement without the median line are connected, and the traffic volume of flat farming machinery and vehicles is high.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by driving the vehicle led by the method of temporary stop prior to entering the road, etc., if there is a vehicle driven by the direction by thoroughly examining the right and the right and the right of the vehicle.

Nevertheless, due to the negligence of failing to do so, entering a bank road without a central line and having entered it as it is, the victim D (W, 62 3) who was driving on the right side of the Yellow Elementary School, the right side of which is the Yellow High School in the direction of the defendant's proceeding.

EFD car driving forward part was received as the left-hand side of the agricultural power transport vehicle operated by the Defendant.

The Defendant at the above occupational negligence suffered injury to the victim in need of two weeks' medical treatment due to salkical salt, tension, etc., and damaged the damaged vehicle's repair cost of KRW 3,515,330.

2. Determination

(a) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. After the prosecution of this case, the injured person expressed his wish not to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act